Food and Agricultural Code — Part 5 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 5 of 48 · provisions 801–1,000

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. 14682.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Fertilizing Materials [14501 - 14682] ( Chapter 5 repealed and added by Stats. 1990, Ch. 504, Sec. 2. ) ## ARTICLE 12. Misbranding and Adulteration [14681 - 14682] ( Article 12 added by Stats. 1990, Ch. 504, Sec. 2. )

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    No person may distribute an adulterated fertilizing material.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Fertilizing Materials [14501 - 14682] ( Chapter 5 repealed and added by Stats. 1990, Ch. 504, Sec. 2. ) ## ARTICLE 12. Misbranding and Adulteration [14681 - 14682] ( Article 12 added by Stats. 1990, Ch. 504, Sec. 2. ) ## 14682. No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated under any of the following conditions: (a) If it contains any deleterious or harmful ingredient in sufficient amounts to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not indicated on the label. (b) If its composition falls below or differs from that which it is purported to possess by its labeling. (c) If it contains unwanted crop seed or weed seed. (d) If it is a threat to public safety. (e) If an organic input material contains ingredients that, in type or amount, do not comply with the requirements of the National Organic Program standards, as specified in Part 205 (commencing with Section 205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the Code of Federal Regulations. (Amended by Stats. 2009, Ch. 257, Sec. 22. (AB 856) Effective January 1, 2010.)
  2. 14901.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    Commercial feed distributors in this state must pay an inspection tonnage tax to help fund administration and enforcement of the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14901. The Legislature hereby finds and declares that it is the intent of this chapter to do all of the following: (a) Enable the feed and feeding industry, with the aid of the state, to ensure in every way possible a clean and wholesome supply of meat, milk, and eggs for the benefit of the consumer. (b) Provide assurance to the consumer-buyer of commercial feed that the product he or she purchases is properly identified and of the quality and quantity represented by the manufacturer of the commercial feed. (c) Provide funds for the administration and enforcement of this chapter by an inspection tonnage tax on commercial feed to be paid by any person that distributes commercial feed to a consumer-buyer in this state. (d) Enable the commercial feed industry, pursuant to regulations or procedures adopted or established by the director, to implement and maintain an efficient program of inspection and analysis of commercial feed. (Amended by Stats. 1990, Ch. 501, Sec. 1.)
  3. 14902.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    The director must enforce this chapter and may adopt and enforce necessary regulations for commercial feed, except where Sections 14978 and 14979 say otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14902. Except as otherwise provided in Sections 14978 and 14979, the director shall enforce this chapter and adopt and enforce those regulations relating to the manufacture and distribution of, and to the manner of making inspection tonnage tax payments upon, commercial feed as the director determines is necessary to carry out this chapter. (Amended by Stats. 1990, Ch. 501, Sec. 2.)
  4. 14902.1.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    Certain FDA-approved commercial feed, feed additives, and drugs used for livestock are placed under the department’s oversight as the primary state regulatory agency.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14902.1. (a) Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims. (b) Nothing in this section shall be construed to limit the authority of the State Air Resources Board under Section 39730.7 of the Health and Safety Code. (Added by Stats. 2023, Ch. 634, Sec. 1. (SB 780) Effective January 1, 2024.)
  5. 14902.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    The department remains the primary regulator for medicated feed and oversees its quality, safety, handling, inspection, ingredients, and certain sales.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14902.5. Notwithstanding any other law, the department shall continue to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight. (Added by Stats. 2015, Ch. 806, Sec. 2. (SB 770) Effective January 1, 2016.)
  6. 14903.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    The secretary must establish regulations for good manufacturing practices, hazard analysis, and preventive control measures for commercial feed and additives.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14903. The secretary shall establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as the secretary determines are reasonably necessary to carry out the purposes of this chapter. The good manufacturing practices, hazard analysis, and preventive control measures, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds, shall be based upon federal food and drug laws and regulations, unless the secretary determines that the federal laws and regulations are not appropriate to the conditions that exist in this state. The regulations adopted pursuant to this section shall ensure that drug usage under this chapter shall not conflict with the provisions of Chapter 4 (commencing with Section 14200). (Amended by Stats. 2013, Ch. 622, Sec. 3. (AB 1132) Effective January 1, 2014.)
  7. 14904.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. )

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    The director must adopt and enforce regulations for feed used in producing organic food, and those regulations must match the requirements of the referenced Health and Safety Code article.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 1. General Provisions [14901 - 14904] ( Article 1 added by Stats. 1972, Ch. 1275. ) ## 14904. The director shall adopt and enforce regulations for the manufacture, distribution, and labeling of feed used in connection with the production of food sold as organic pursuant to Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code which shall be consistent with the requirements of that article. (Amended by Stats. 1996, Ch. 1023, Sec. 55. Effective September 29, 1996.)
  8. 14921.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14921. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1972, Ch. 1275.)
  9. 14923.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “animal” to mean any animal, including birds, but not a human being.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14923. “Animal” means any animal, including birds, except a human being. (Added by Stats. 1972, Ch. 1275.)
  10. 14924.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “Board” as the Feed Inspection Advisory Board.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14924. “Board” means the Feed Inspection Advisory Board. (Added by Stats. 1972, Ch. 1275.)
  11. 14925.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Commercial feed” means materials intended for feed or feed mixing, but not pet food preparations for domestic pets like dogs, cats, and birds.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14925. “Commercial feed” includes all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for feeding to domestic pets, such as dogs, cats, and birds. (Added by Stats. 1972, Ch. 1275.)
  12. 14926.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Consumer-buyer” means a person who is not licensed under this chapter and who buys commercial feed from a manufacturer or distributor to feed animals.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14926. “Consumer-buyer” means any person not licensed under this chapter who purchases commerical feed from a manufacturer or distributor of such feed for use in feeding animals. (Amended by Stats. 1979, Ch. 871.)
  13. 14927.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Distribute” means to offer for sale, sell, exchange, or barter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14927. “Distribute” means to offer for sale, sell, exchange or barter. (Added by Stats. 1972, Ch. 1275.)
  14. 14928.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “drug” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14928. “Drug” means any substance which is intended, or represented, for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease in any animal, and any other substance, except feed, which is intended to affect the structure or any function of the body of any animal. (Added by Stats. 1972, Ch. 1275.)
  15. 14929.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Feed ingredient” means each constituent substance that makes up a formula feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14929. “Feed ingredient” means each of the constituent substances making up a formula feed. (Added by Stats. 1972, Ch. 1275.)
  16. 14930.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Formula feed” means feed made from two or more ingredients that are proportioned, mixed, and processed according to specifications.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14930. “Formula feed” means two or more feed ingredients, proportioned, mixed, and processed according to specifications. (Added by Stats. 1972, Ch. 1275.)
  17. 14931.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “label” for commercial feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14931. “Label” means a display of written, printed, or graphic matter upon, or affixed to, the container in which a commerical feed is distributed, or on the invoice or delivery slip which accompanies a commercial feed. (Repealed and added by Stats. 1972, Ch. 1275.)
  18. 14932.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Licensee” means a person who has obtained a license under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14932. “Licensee” means a person that has obtained a license pursuant to the provisions of this chapter. (Repealed and added by Stats. 1972, Ch. 1275.)
  19. 14933.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    “Manufacture” means grinding, mixing, or further processing a commercial feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14933. “Manufacture” means to grind, mix, or further process a commerical feed. (Added by Stats. 1972, Ch. 1275.)
  20. 14934.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “medicated feeds” as commercial feeds that contain drugs.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14934. “Medicated feeds” means commerical feeds that contain drugs. (Added by Stats. 1972, Ch. 1275.)
  21. 14935.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

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    This section defines “medicated feed premixes” as a concentrated mix of substances, at least one of which is a drug, that must be diluted during manufacturing into medicated feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14935. “Medicated feed premixes” means a concentrated combination of one or more substances, at least one of which is a drug, which must be diluted through manufacturing into a medicated feed. (Added by Stats. 1972, Ch. 1275.)
  22. 14936.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    In this section, “percent or percentages” means percentages by weight.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14936. “Percent or percentages” means percentages by weight. (Added by Stats. 1972, Ch. 1275.)
  23. 14937.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    “Person” is defined to include individuals and several kinds of business entities and organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14937. “Person” means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 127. Effective January 1, 1995.)
  24. 14938.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    “Special mix” means a commercial feed made, processed, or mixed to specifications agreed by the purchaser and manufacturer.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14938. “Special mix” means any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser and the manufacturer. (Added by Stats. 1972, Ch. 1275.)
  25. 14939.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    “Ton” means 2,000 pounds avoirdupois net weight.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 2. Definitions [14921 - 14939] ( Article 2 added by Stats. 1972, Ch. 1275. ) ## 14939. “Ton” means a net weight of 2,000 pounds avoirdupois. (Added by Stats. 1972, Ch. 1275.)
  26. 14961.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Money received by the director under this chapter must be deposited in the Department of Food and Agriculture Fund and used only for administering and enforcing the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. ) ## 14961. All of the money which is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended solely for the administration and enforcement of this chapter, including reimbursement of the board or other entity for all of the expenses necessary to carry out the purposes of this chapter. (Amended by Stats. 1990, Ch. 501, Sec. 3.)
  27. 14962.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The director must prepare an annual statement of operating expenditures and income for this chapter and present it to the board for review after the fiscal year ends.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. ) ## 14962. The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for review as soon as possible following the termination of the fiscal year. A copy of this statement will be made available to any interested person upon request. (Repealed and added by Stats. 1972, Ch. 1275.)
  28. 14963.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If this chapter is repealed, the director must rebate any remaining funds, after expenses, in a manner prescribed by the board and in proportion to the amounts paid.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 3. Funds [14961 - 14963] ( Article 3 added by Stats. 1972, Ch. 1275. ) ## 14963. If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by the director in a manner prescribed by the board proportionately to the amount paid by those persons that made such payments. (Added by Stats. 1972, Ch. 1275.)
  29. 14971.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board is set up in state government, and the director can appoint members, including a public member.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14971. There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and who are subject to payment of the inspection tonnage tax in accordance with this chapter. The director may appoint one additional member to the board who shall be a public member. The members of the board shall receive no salary, but are entitled to payment of necessary traveling expenses in accordance with Department of Human Resources rules. These expenses shall be paid out of appropriations made to the department. Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (Amended by Stats. 2012, Ch. 665, Sec. 20. (SB 1308) Effective January 1, 2013.)
  30. 14971.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    This section states that appointees to the Feed Inspection Advisory Board are meant to represent a particular agricultural industry and that this representation serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14971.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.)
  31. 14972.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Board members serve three-year terms, with staggered initial appointments and vacancies filled only for the unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14972. The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for three years, two members for two years, and one member of one year. Thereafter appointment shall be for full three-year terms. Vacancies shall be filled for an unexpired term. (Added by Stats. 1972, Ch. 1275.)
  32. 14975.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board is advisory to the director and may make recommendations on matters relating to this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14975. Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the inspection and enforcement program, annual budget, necessary fees to provide adequate inspection services, and regulations required to accomplish the purposes of this chapter. (Amended by Stats. 1990, Ch. 501, Sec. 4.)
  33. 14976.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board must elect a chairman and may appoint other officers it considers advisable.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14976. The board shall elect a chairman, and from time to time such other officers as it may deem advisable. (Added by Stats. 1972, Ch. 1275.)
  34. 14977.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board must meet when called by its chairman or the director, or when three board members request it, and it must meet at least once each year.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14977. The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The board shall meet at least once a year. (Added by Stats. 1972, Ch. 1275.)
  35. 14978.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board may designate entities to administer part or all of this chapter, and the director is responsible for enforcement and enforcement procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978. (a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of this chapter, the board may, on or before January 15 of any year, establish or designate one or more entities to administer all or any part of this chapter for the fiscal year beginning July 1 of the same year through June 30 of the following year, in accordance with the regulations and procedures adopted or established by the director pursuant to Section 14979. (b) Notwithstanding subdivision (a), the director shall be responsible for the enforcement of this chapter and for the establishment of enforcement procedures. (Amended by Stats. 1992, Ch. 1210, Sec. 1.5. Effective January 1, 1993.)
  36. 14978.1.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board may establish or designate certain entities under Section 14978, but it may not designate qualifying trade associations with primarily licensed members or associations representing regulated persons.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.1. The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the following: (a) The committee established pursuant to Section 14978.2. (b) Agricultural councils, commissions, and any entity established in accordance with a marketing order. (c) Federal, state, or county agencies. (d) The University of California and cooperative extension service. (e) Agricultural associations and cooperatives. (f) State accredited or certified chemistry laboratories. However, the board may not designate any entity that is a trade association whose membership is composed primarily of persons licensed under this chapter or that represents persons regulated by this chapter. (Added by Stats. 1992, Ch. 1210, Sec. 2. Effective January 1, 1993.)
  37. 14978.2.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The board may create the Commercial Feed Inspection Committee, and the committee’s membership, officers, quorum, compensation, and liability rules are set here.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.2. (a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons appointed by the board who shall be licensed under this chapter. The committee may, with the concurrence of the director, appoint one additional member to the committee, who shall be a public member. The public member shall be a citizen and resident of California who is not subject to the licensing requirements of this chapter, and who has no financial interest in any person licensed under this chapter. (b) Each member shall have an alternate member appointed in the same manner as the member, who shall serve in the absence of the member for whom they are designated as alternate and who shall have all the duties and exercise the full rights and privileges of members. (c) The committee may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the committee. (d) The members and alternate members, when acting as members, shall serve without compensation but shall be reimbursed for expenses necessarily incurred by them in the performance of their duties in accordance with the rules of the Department of General Services. (e) A quorum of the committee shall be five members. A vote of the majority of the members present at a meeting at which there is a quorum shall constitute the act of the committee. (f) No member or alternate member, or any employee or agent thereof, shall be personally liable for the actions of the committee or responsible individually in any way for errors in judgment, mistakes, or other acts, either by commission or omission, except for his or her own individual acts of dishonesty or crime. (Amended by Stats. 2016, Ch. 31, Sec. 30. (SB 836) Effective June 27, 2016.)
  38. 14978.3.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Entities created or designated under Section 14978 must administer the chapter, keep accurate records, maintain an annual budget, and make recommendations to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.3. Any entity established or designated pursuant to Section 14978 shall do all of the following: (a) Administer this chapter or any part thereof, and to do and perform all acts and exercise all powers deemed reasonably necessary. (b) Keep accurate books and records of its activities, which shall be subject to annual audit by an auditing firm approved by the director. The audit shall be made a part of an annual report to all persons licensed under this chapter. The books and records shall be available for audit during regular business hours upon request of the director. (c) Establish an annual budget, including, but not limited to, the allocation of funds required for inspection services necessary for the administration of this chapter. (d) Make recommendations to the director concerning all of the following: (1) Adoption, modification, and repeal of regulations and procedures. (2) Procedures for employment, training, supervision, and compensation of inspectors and other personnel. (3) Rate and collection of inspection tonnage tax and the collection of license fees and penalties related thereto. (4) Acquisition and use of equipment. (5) Posting and noticing changes in bylaws, general procedures, or orders. (Added by Stats. 1992, Ch. 1210, Sec. 4. Effective January 1, 1993.)
  39. 14978.4.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The director may require covered entities to stop or fix activities or functions that are against the public interest or violate this chapter, and must notify the entity in writing of the specific acts.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.4. The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is determined by the director not to be in the public interest, or that is in violation of this chapter, and shall notify the entity in writing of these specific acts. (Added by Stats. 1992, Ch. 1210, Sec. 5. Effective January 1, 1993.)
  40. 14978.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    People subject to this chapter may not access certain information held by entities established or designated under Section 14978 if it would reveal proprietary information about another covered person.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.5. Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to Section 14978 that would disclose proprietary information regarding any other person subject to this chapter, including feed test results, individual tonnage tax payment, and feed formula information. (Added by Stats. 1992, Ch. 1210, Sec. 6. Effective January 1, 1993.)
  41. 14978.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Licensed persons under this chapter may petition the director to review actions, orders, or decisions of the section 14978 entity, following regulations adopted by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14978.6. Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or decision of the entity or entities established or designated pursuant to Section 14978. (Added by Stats. 1992, Ch. 1210, Sec. 7. Effective January 1, 1993.)
  42. 14979.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. )

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    The director must adopt regulations and establish procedures for entities administering this chapter, including staffing, funds, equipment, and collection of certain inspection-related fees and penalties.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 4. Feed Inspection Advisory Board [14971 - 14979] ( Article 4 added by Stats. 1972, Ch. 1275. ) ## 14979. (a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer this chapter. The regulations shall include, but not be limited to, contracts for analytical services with commercial laboratories and for any additional services. (b) The director shall establish procedures to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer this chapter. The procedures shall include, but not be limited to, all of the following: (1) Employment, training, supervision, and compensation of inspectors and other personnel. (2) Allocation of funds and use of existing equipment and acquisition of equipment. (3) Collection of inspection tonnage tax, license fees and penalties related thereto. (c) This section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) In adopting regulations and procedures, the director shall accept the recommendations of the entity or entities established or designated pursuant to Section 14978 if he or she finds them to be practicable and in the interest of the commercial feed industry and the public. Within 30 days of the date the director receives a recommendation from any such entity, the director shall provide the entity with notice of the acceptance of the recommendations or with a written statement of reasons if he or she does not accept the recommendation. (Amended by Stats. 1992, Ch. 1210, Sec. 8. Effective January 1, 1993.)
  43. 14991.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Commercial feed distributed within the state must have a label attached to it or accompany it, unless the chapter or secretary’s regulations provide otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14991. (a) Except as otherwise provided in this chapter or by regulations of the secretary that declare that the statement required pursuant to this article is not applicable to certain products to carry out this chapter, every lot, parcel, or package of commercial feed distributed within this state shall have affixed to it, or be accompanied by, a label. (b) The sale or distribution of any lot, parcel, or package of commercial feed without a label, as specified in this chapter, is a violation of this chapter. (Amended by Stats. 2018, Ch. 683, Sec. 1. (SB 668) Effective January 1, 2019.)
  44. 14992.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Commercial feed labels must include a legible, plainly printed statement covering the listed information.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14992. The label shall contain a legible and plainly printed statement which certifies all of the following: (a) The net weight or volume of the contents of the lot or parcel unless accompanied by a certified certificate of weights and measures. (b) The product name, brand name, or trademark. (c) The name and principal address of the manufacturer or person that is responsible for placing the commodity on the market. (d) The guaranteed analysis stated in terms as the director specifies by regulation. (e) The recognized official name, as specified by the director, of each ingredient. The director may by regulation permit the use of a collective term for a group of ingredients which performs a similar function. The director may exempt a commercial feed, or any combination of commercial feeds from labeling requirements if he or she finds the listing is not necessary to comply with the intent of this chapter. (f) Adequate directions, warnings and caution statements that may be necessary for the safe use of any feed. (Amended by Stats. 2006, Ch. 285, Sec. 1. Effective January 1, 2007.)
  45. 14993.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A person who manufactures, processes, or mixes a special mix for someone else must label it according to regulations set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14993. Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the director. (Added by Stats. 1972, Ch. 1275.)
  46. 14994.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

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    A special mix may not be resold unless it is relabeled.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14994. A special mix shall not be resold unless relabeled. (Added by Stats. 1972, Ch. 1275.)
  47. 14995.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A commercial feed manufacturer or processor that makes extra label claims or guarantees about the feed’s content must maintain those claims or guarantees, and the director may require supporting information and records.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14995. If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with, the package which contains it, and the claim or guarantee is in addition to those required by law, he is responsible for maintaining the claim or guarantee, and may be required to submit to the director information and records pertinent to the claim or guarantee. (Added by Stats. 1972, Ch. 1275.)
  48. 14996.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Some contract- or partnership-based commercial feed is exempt from this chapter’s labeling rules if the feeding location and feed manufacturing facility are under the same ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 5. Labels [14991 - 14996] ( Article 5 added by Stats. 1972, Ch. 1275. ) ## 14996. Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if the feeding location is of the same ownership as the feed manufacturing facility. The label information shall be provided by the manufacturer if the information is requested by a party to the contract or partnership or if the commercial feed contains a drug. (Amended by Stats. 1988, Ch. 238, Sec. 12.)
  49. 15.

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

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    References to this code or any other California state law include all amendments and additions.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 15. Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and additions to it. (Enacted by Stats. 1967, Ch. 15.)
  50. 1500.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 4. CALIFORNIA AGRICULTURE DAY [1500 - 1501] ( Part 4 added by Stats. 2002, Ch. 348, Sec. 2. )

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    The first day of spring each year is designated as California Agriculture Day.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 4. CALIFORNIA AGRICULTURE DAY [1500 - 1501] ( Part 4 added by Stats. 2002, Ch. 348, Sec. 2. ) ## 1500. The first day of spring in each year is hereby designated as California Agriculture Day. (Added by Stats. 2002, Ch. 348, Sec. 2. Effective January 1, 2003.)
  51. 1501.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 4. CALIFORNIA AGRICULTURE DAY [1500 - 1501] ( Part 4 added by Stats. 2002, Ch. 348, Sec. 2. )

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    Public schools are encouraged to teach students about the history and importance of agriculture in California.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 4. CALIFORNIA AGRICULTURE DAY [1500 - 1501] ( Part 4 added by Stats. 2002, Ch. 348, Sec. 2. ) ## 1501. Notwithstanding the Education Code, including, but not limited to, provisions relating to curriculum requirements, on the first day of spring or on another day determined by public schools throughout the state, these schools are encouraged to provide education that instructs students on the history and importance of agriculture in California. This instruction may include education on agricultural history, nutrition, economics, or the planting of a school garden ; or the use of any educational device that commemorates agriculture’s importance in California. (Added by Stats. 2002, Ch. 348, Sec. 2. Effective January 1, 2003.)
  52. 15011.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 6. Standards and Tolerances [15011- 15011.] ( Article 6 added by Stats. 1972, Ch. 1275. )

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    The director must set standards for commercial feed ingredients and enforce medicated feed withdrawal periods.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 6. Standards and Tolerances [15011- 15011.] ( Article 6 added by Stats. 1972, Ch. 1275. ) ## 15011. The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the manufacture of the feed, so as to insure the safety of animals and the products of animals which are used for human consumption. The director shall enforce all medicated feed withdrawal periods as set by regulation. (Amended by Stats. 1988, Ch. 238, Sec. 13.)
  53. 15021.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 7. Inspection and Analysis [15021- 15021.] ( Article 7 added by Stats. 1972, Ch. 1275. )

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    The director, his agents, and inspectors may enter certain commercial-feed premises at reasonable times, access relevant lots or packages, and take samples for analysis.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 7. Inspection and Analysis [15021- 15021.] ( Article 7 added by Stats. 1972, Ch. 1275. ) ## 15021. The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture, transportation, importation, distribution, storage, or feeding of any commercial feed. They shall have access to any lot or package which contains or is supposed to contain, any commercial feed, and take samples and analyze them. (Repealed and added by Stats. 1972, Ch. 1275.)
  54. 15031.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 8. Mislabeling [15031- 15031.] ( Article 8 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A commercial feed is mislabeled if its label is false or misleading, if it is not labeled as required, or if required label information is not prominently placed so it can be read and understood under normal purchase and use conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 8. Mislabeling [15031- 15031.] ( Article 8 added by Stats. 1972, Ch. 1275. ) ## 15031. A commercial feed is mislabeled in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It is not labeled as required by this chapter. (c) Any word, statement, or other information required pursuant to this chapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood under customary conditions of purchase and use. (Added by Stats. 1972, Ch. 1275.)
  55. 15041.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 9. Adulteration [15041 - 15042] ( Article 9 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Commercial feed is adulterated if it contains unsafe substances, is missing or replacing valuable ingredients, is mislabeled as to composition or quality, or is made without required good manufacturing practices for certain drugs or additives.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 9. Adulteration [15041 - 15042] ( Article 9 added by Stats. 1972, Ch. 1275. ) ## 15041. A commercial feed is adulterated in the following cases: (a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are specified as being unsafe by the director by regulations. (b) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor. (c) Its composition differs from, or quality falls below, that which it is purported or is represented to possess by its labeling. (d) It contains a drug or drugs or other additive and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations adopted by the director to assure that the drug or drugs or other additive meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. (Added by Stats. 1972, Ch. 1275.)
  56. 15042.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 9. Adulteration [15041 - 15042] ( Article 9 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Selling or distributing commercial feed that the secretary has deemed unsafe because it contains certain harmful substances is a violation of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 9. Adulteration [15041 - 15042] ( Article 9 added by Stats. 1972, Ch. 1275. ) ## 15042. The sale or distribution of any lot, parcel, or package of commercial feed deemed by the secretary to bear or contain a poisonous, deleterious, or nonnutritive substance in amounts that are specified as being unsafe by the secretary by regulation is a violation of this chapter. (Amended by Stats. 2018, Ch. 683, Sec. 2. (SB 668) Effective January 1, 2019.)
  57. 15051.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    People generally must get a secretary-issued license for each location where commercial feed is made, distributed, sold, or stored for later sale, with some exemptions.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. ) ## 15051. (a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale. Persons who do not have a permanent place of business, but who otherwise manufacture, sell, or store feed shall also obtain a license from the secretary. (b) This section also shall apply to a person whenever the person’s name and address appears on the label of commercial feed as guarantor. (c) The following persons are exempt from this section: (1) A person that makes only retail sales of commercial feed which bear the tag or other approved indication that the commercial feed is from a licensed manufacturer or guarantor who has assumed full tax responsibility for the tonnage tax due under this chapter. (2) A person who manufactures commercial feed exclusively for feeding to his or her own animals. (Amended by Stats. 2000, Ch. 1000, Sec. 1.5. Effective January 1, 2001.)
  58. 15053.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    License applications must include an annual fee for each location, with a stated minimum and maximum fee, and the secretary sets the specific fee on the board’s recommendation.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. ) ## 15053. (a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. The minimum license fee shall be one hundred dollars ($100) for each location and the maximum license fee for each location shall not exceed six hundred dollars ($600) for each location with the specific fee to be set by the secretary upon recommendation of the board. Those licensees with feed licenses on the effective date of the bill who have previously paid their license fees for the then current fiscal year shall not be subject to any new fees until their licenses are renewed. Beginning January 1, 2031, the license fee shall be one hundred dollars ($100) for each location. Those licensees with feed licenses on that date who have previously paid their license fees for the then current fiscal year shall not be subject to any new license fees until their licenses are renewed. (b) Revenues generated from license fees shall be used to replenish feed inspection program reserves to a minimum of 25 percent of program expenditures, after which point some of the revenues from these fees shall be used to reduce feed tonnage taxes provided for in this chapter upon recommendation of the board. (Amended by Stats. 2024, Ch. 474, Sec. 1. (SB 1367) Effective January 1, 2025.)
  59. 15054.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Commercial feed licenses must be renewed every July 1, and they stay valid until June 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. ) ## 15054. All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for renewal shall be accompanied by a fee in an amount specified by the department, pursuant to Section 15053, for each location operated. (Amended by Stats. 2006, Ch. 285, Sec. 3. Effective January 1, 2007.)
  60. 15055.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If a license is not renewed within one calendar month after it expires, a $100 penalty is added to the fee.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. ) ## 15055. If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the fee. (Amended by Stats. 2006, Ch. 285, Sec. 4. Effective January 1, 2007.)
  61. 15056.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Manufacturing or distributing commercial feed without the license required by Section 15051 is a violation of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 10. Licenses [15051 - 15056] ( Article 10 added by Stats. 1972, Ch. 1275. ) ## 15056. The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is a violation of this chapter. (Amended by Stats. 2018, Ch. 683, Sec. 3. (SB 668) Effective January 1, 2019.)
  62. 15061.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    People who distribute commercial feed to consumer-buyers in the state must pay an inspection tonnage tax, with specific exceptions and a maximum rate of $0.25 per ton.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. ) ## 15061. (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The distributor shall also pay an inspection tonnage tax for purchased commercial feed fed to the distributor’s own animals. (b) The secretary may, based on a finding and recommendation of the board, determine the specific rate necessary to provide the revenue needed to carry out this chapter. The secretary and the board shall not exceed the maximum tonnage rate established by this section. The setting of the tonnage tax rate 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. (Amended (as amended by Stats. 2019, Ch. 306, Sec. 2) by Stats. 2024, Ch. 474, Sec. 2. (SB 1367) Effective January 1, 2025.)
  63. 15061.1.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The secretary may set aside part of the commercial feed tonnage taxes, or $200,000 if greater, for research and education, but only with the board’s finding and recommendation. The money can be spent only on board-approved activities, and board approval must come before any spending. The section ends on January 1, 2031.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. ) ## 15061.1. (a) The secretary may, based on a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected pursuant to Section 15061, or two hundred thousand dollars ($200,000), whichever amount is greater, to provide funding for research and education regarding the safe manufacture, distribution, and use of commercial feed. These funds may only be spent on activities approved by the board, with approval being made before any expenditure. (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2024, Ch. 474, Sec. 4. (SB 1367) Effective January 1, 2025. Repealed as of January 1, 2031, by its own provisions.)
  64. 15062.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    People subject to the inspection tonnage tax must file reports and make payments as the director prescribes by regulation. Late payments trigger a 15% penalty, with an extra 1% per month for payments more than 12 months late, and the secretary must set a report-delinquency fee to cover administrative costs.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 11. Inspection Tonnage Tax [15061 - 15062] ( Article 11 added by Stats. 1972, Ch. 1275. ) ## 15062. Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation. If payment is delinquent, a penalty of 15 percent of the amount past due shall be charged. For payments more than 12 months delinquent, an additional penalty of 1 percent per month of the amount past due shall be charged. The secretary shall set a penalty fee, as necessary to cover administrative costs, for any delinquency in making a report. (Amended by Stats. 2000, Ch. 1000, Sec. 7. Effective January 1, 2001.)
  65. 15071.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The secretary may refuse, suspend, or revoke a license after a hearing for violations of this chapter or its regulations. A person facing a licensing action may request a hearing and appeal to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15071. (a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that is adopted pursuant to this chapter. (b) A person against whom a licensing action is initiated may appeal to the secretary by requesting a hearing. If a hearing is not requested, the licensing action shall constitute a final and nonreviewable order. (c) An appeal pursuant to this section shall be submitted in accordance with subdivision (d) of Section 15071.1 and with Section 1094.5 of the Code of Civil Procedure. (Amended by Stats. 2019, Ch. 497, Sec. 122. (AB 991) Effective January 1, 2020.)
  66. 15071.1.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The department must impose administrative penalties on violators of this chapter or its regulations, with at least $5,000 for each later violation and up to $5,000 for the first violation.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15071.1. (a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an amount of not more than five thousand dollars ($5,000) for the first violation and not less than five thousand dollars ($5,000) for each subsequent violation. The department may consider the severity, intent, and repeat nature of violations in issuing penalties. The department shall base the amount of the penalty assessed for each violation upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations. (b) The secretary may issue a notice of warning, in lieu of an administrative penalty, upon a finding that the violation is minor or unintentional. (c) A person against whom an administrative penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on the person’s own behalf. If a hearing is not requested, the administrative penalty shall constitute a final and nonreviewable order. (d) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the administrative penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure. (e) After completion of the hearing procedure pursuant to subdivision (c), the secretary may file a certified copy of the department’s final decision that directs payment of an administrative penalty, and if applicable, any order denying a petition for a writ of administrative mandamus, with the clerk of the superior court of any county that has jurisdiction over the matter. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section. (f) Any funds recovered by the secretary pursuant to this section shall be deposited in a special account in the Department of Food and Agriculture Fund, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department to cover costs related to the enforcement of this chapter. (Amended by Stats. 2019, Ch. 497, Sec. 123. (AB 991) Effective January 1, 2020.)
  67. 15071.3.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15071.3. (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter. (b) The department shall use all funds received pursuant to this chapter for the purposes of this chapter. (Added by Stats. 2018, Ch. 683, Sec. 6. (SB 668) Effective January 1, 2019.)
  68. 15071.4.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The secretary must adopt a citations policy that sets the procedures for issuing citations and penalties.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15071.4. The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, upon the recommendation of the board. (Added by Stats. 2018, Ch. 683, Sec. 7. (SB 668) Effective January 1, 2019.)
  69. 15071.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

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    The secretary may start a proceeding to issue a civil penalty, instead of any other penalty provided by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15071.5. In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty. (Amended by Stats. 2018, Ch. 683, Sec. 8. (SB 668) Effective January 1, 2019.)
  70. 15072.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A person must not manufacture or distribute commercial feed in this state unless the person complies with this chapter and its regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15072. It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the regulations which are adopted pursuant to it. (Repealed and added by Stats. 1972, Ch. 1275.)
  71. 15072.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A person must not use commercial feed containing drugs or food additives unless doing so complies with all use directions on the feed’s tag or label.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15072.5. It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed. (Added by Stats. 2001, Ch. 397, Sec. 1. Effective January 1, 2002.)
  72. 15073.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The director may seize and hold a lot of commercial feed if there is reasonable cause to believe it violates the chapter or related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15073. The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the regulations adopted pursuant to it. (Repealed and added by Stats. 1972, Ch. 1275.)
  73. 15074.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If the director seizes a lot of commercial feed, the director must immediately issue a hold order or notice to the person in control of the feed and may attach a warning tag.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15074. If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix to the lot or package of such feed a warning tag which states that the lot is so held. (Repealed and added by Stats. 1972, Ch. 1275.)
  74. 15075.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If commercial feed is under a hold order or notice, the person controlling it must keep it held and not move or disturb it except as the secretary directs. Feed that has been quarantined may not be moved, distributed, or sold without the secretary’s prior approval.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15075. (a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or moved except under the specific directions of the secretary pending final disposition pursuant to this chapter. This restriction does not prevent the person having control of the feed from inspecting any feed so seized, nor from taking therefrom, in the presence of a person designated by the secretary, a reasonable sample for evidence. (b) The movement, distribution, or sale of all or part of any lot, parcel, or package of commercial feed that has been quarantined by the secretary, unless the movement has the prior approval of the secretary, is a violation of this chapter. (Amended by Stats. 2018, Ch. 683, Sec. 9. (SB 668) Effective January 1, 2019.)
  75. 15076.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    Seized and held commercial feed must be sampled and analyzed promptly, unless the director has already analyzed it.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15076. Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly analyzed within a reasonable period of time, as set by the director by regulation, after the seizure for the purpose of determining if such commercial feed is, in fact, in violation of the provisions of this chapter or the regulations adopted pursuant to it. The person having control of the feed shall be immediately notified by the director as to whether or not the sample was found to be in violation. If the results of analysis are not made known to the person having control of the feed within the period of time specified by the director by regulation, the lot of commercial feed being held shall be immediately released and the hold order or tag removed. (Repealed and added by Stats. 1972, Ch. 1275.)
  76. 15077.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If the person controlling seized feed asks for it, the state laboratory must return a subsample within 10 days after the director samples the feed.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15077. Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state laboratory to the person in control of the feed. (Amended by Stats. 1988, Ch. 238, Sec. 18.)
  77. 15078.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If the director’s analysis shows the seized lot is not in violation, the director must immediately release it and remove the hold order or tag.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15078. If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and remove the hold order or tag. (Added by Stats. 1972, Ch. 1275.)
  78. 15079.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    If a seized and held lot is found to be in violation, the director must either keep holding it until the chapter’s requirements are met and then release it, or order its disposal in a director-specified manner.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15079. If the seized and held lot is found to be in violation, the director shall either: (a) Continue to hold the lot until such time as the requirements of this chapter have been complied with, at which time the lot shall be released. (b) Issue orders for the disposal of the lot in a manner specified by the director. (Added by Stats. 1972, Ch. 1275.)
  79. 15080.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    A manufacturer or guarantor of a seized or held lot found to be in violation may appeal the analysis result in writing to the secretary within 10 days of receiving the violation notice.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15080. The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation. Upon receipt of the appeal, the secretary shall perform an additional analysis of the official sample representing the lot in question. The cost of analysis shall be at the expense of the person that requests the appeal. The findings from the appeal analysis are final. (Amended by Stats. 2001, Ch. 397, Sec. 2. Effective January 1, 2002.)
  80. 15082.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    It is unlawful to manufacture or distribute commercial feed in the state without following this chapter or its regulations, and it is also unlawful to adulterate, misbrand, or alter commercial feed so it conflicts with label claims.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 12. Violations [15071 - 15082] ( Article 12 added by Stats. 1972, Ch. 1275. ) ## 15082. (a) It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with this chapter or any regulations adopted pursuant to this chapter. (b) It is unlawful for any person to adulterate, misbrand, or alter any commercial feed with the result that the feed would be inconsistent with the label claims. (c) The secretary may prohibit any person found in violation of subdivision (b) or Section 15076 from obtaining a license to sell feed for three years. (Added by Stats. 2018, Ch. 683, Sec. 11. (SB 668) Effective January 1, 2019.)
  81. 15091.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 13. Procedure for Prosecution [15091 - 15092] ( Article 13 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The department may sue in superior court to stop violations of this chapter or its regulations, and the court may issue temporary or permanent injunctions.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 13. Procedure for Prosecution [15091 - 15092] ( Article 13 added by Stats. 1972, Ch. 1275. ) ## 15091. In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent injunction restraining any person from violating this chapter or the regulations adopted pursuant to this chapter. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The department shall not, however, be required to allege facts necessary to show irreparable damage or loss. The court may require such acts or course of conduct as necessary to effectuate the purpose of this chapter. (Amended by Stats. 2018, Ch. 683, Sec. 12. (SB 668) Effective January 1, 2019.)
  82. 15092.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 13. Procedure for Prosecution [15091 - 15092] ( Article 13 added by Stats. 1972, Ch. 1275. )

    Verify source ↗

    The secretary is not required to report or seek an injunction for a minor violation if a written warning and compliance would adequately serve the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 13. Procedure for Prosecution [15091 - 15092] ( Article 13 added by Stats. 1972, Ch. 1275. ) ## 15092. Nothing in this chapter requires the secretary to report for prosecution or to institute injunction proceedings for any minor violation of this chapter whenever the public interest would be adequately served by a suitable written notice of warning, and compliance with the notice. (Amended by Stats. 2018, Ch. 683, Sec. 13. (SB 668) Effective January 1, 2019.)
  83. 15101.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. )

    Verify source ↗

    Any person may file a complaint with the branch about the safety of whole hays if they submit a written complaint and pay a $250 filing fee.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. ) ## 15101. For purposes of this chapter, any person may file a complaint with the branch regarding the safety of whole hays if he or she submits a written complaint and pays a filing fee of two hundred fifty dollars ($250). The filing fee, which shall be used for purposes of investigating complaints filed pursuant to this article, shall be deposited in the Department of Food and Agriculture Fund to the account of the Commercial Feed Inspection Program. (Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
  84. 15102.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. )

    Verify source ↗

    The secretary must investigate the safety of whole hays when a complaint is filed under Section 15101, and may investigate without a complaint if an investigation is needed to protect animal or public health.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. ) ## 15102. (a) Upon the filing of a complaint pursuant to Section 15101, the secretary shall conduct an investigation with regard to the safety of whole hays. (b) Absent the filing of a complaint pursuant to Section 15101, the secretary may conduct an investigation with regard to the safety of whole hays if he or she determines that an investigation is necessary in order to protect animal health or the health of the public. (Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
  85. 15103.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. )

    Verify source ↗

    If the secretary finds a complaint valid and the hay unsafe, the secretary may require the hay seller to reimburse the complaint filing fee. The secretary may also recover investigation costs from a hay seller, up to $2,500, if the hay is ultimately found unsafe.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Commercial Feed [14901 - 15103] ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. ) ## ARTICLE 14. Complaints [15101 - 15103] ( Article 14 added by Stats. 1996, Ch. 325, Sec. 4. ) ## 15103. (a) If the secretary determines that the complaint is valid and the hay is unsafe, the secretary may require the seller of the hay to reimburse the filing fee to the person filing the complaint. (b) The secretary also may collect from any seller of hay the costs incurred by the secretary, not to exceed two thousand five hundred dollars ($2,500), in conducting any investigation regarding the safety of whole hay sold by that seller if the hay is ultimately deemed to be unsafe. (Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
  86. 15201.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    This section says the Department of Food and Agriculture, county commissioners under the director’s supervision, and the Structural Pest Control Board are jointly responsible for regulating structural pest control licensees.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15201. The Legislature hereby finds and declares that it is the joint responsibility of the Department of Food and Agriculture, the commissioner of each county under the direction and supervision of the director, and the Structural Pest Control Board to regulate the activities of structural pest control licensees. The Structural Pest Control Board has responsibility for licensing persons and companies engaged in structural pest control work. The department has primary responsibility for enforcing pesticide laws and regulations. (Added by Stats. 1984, Ch. 766, Sec. 14. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  87. 15202.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    A commissioner may suspend a structural pest control licensee’s pesticide-application right for up to three working days or levy a fine on a licensee or unlicensed individual acting as a licensee, when acting under the referenced code section.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15202. In addition to the enforcement authority granted to the director and commissioners by this code, a commissioner, when acting pursuant to Section 8616.4 of the Business and Professions Code, may suspend the right of a structural pest control licensee to make pesticide applications in the county for up to three working days or levy a fine upon a licensee or unlicensed individual acting as a licensee as specified in Section 8617 of the Business and Professions Code. Appeals from these actions shall be to the Disciplinary Review Committee according to the procedures provided in Section 8662 of the Business and Professions Code. (Amended by Stats. 1995, Ch. 718, Sec. 6. Effective January 1, 1996.)
  88. 15203.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    The director may adopt regulations for this chapter and must consult the Structural Pest Control Board when those regulations concern pesticide use by structural pest control licensees.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15203. The director may adopt regulations to carry out the provisions of this chapter. The director shall consult with the Structural Pest Control Board when developing regulations that pertain to the use of pesticides by structural pest control licensees. (Added by Stats. 1984, Ch. 766, Sec. 14.)
  89. 15204.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    Certain structural pest control managers and registered companies must register with the commissioner before operating in the county.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15204. (a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code, and Structural Pest Control Board registered company, as defined in Section 8506.1 of the Business and Professions Code, shall register with the commissioner prior to operating a structural pest control business in the county. The registration shall cover a calendar year. A fee may also be required at the time of registration. The fee shall be set by the county board of supervisors, except that in no case shall the fee exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. Payment of the fee shall be due by the date designated by the commissioner. (b) Each registration shall be in a form prescribed by the director after consulting with the Structural Pest Control Board and commissioners and shall include the structural pest control licensee’s name and address, including all satellite locations conducting business in the county, telephone numbers, responsible persons, and the type of pest control to be conducted. (c) If ordered by the commissioner, other structural pest control licensees shall appear in person at the office of the commissioner to complete registration. (d) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5. (Amended by Stats. 2007, Ch. 338, Sec. 2. Effective January 1, 2008.)
  90. 15204.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    Before fumigating in a county, covered pest control licensees and SPCB registered companies must register there for the current year, and fumigation notice must be given to the commissioner at least 24 hours before starting unless the commissioner approves otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15204.5. (a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives, applicators, and Structural Pest Control Board (SPCB) registered companies, as defined in Section 8506.1 of the Business and Professions Code, to conduct fumigations in any county unless that person or company has also registered for the current calendar year with the commissioner in that county. The registration fee for the SPCB registered company including structural pest control operators and field representatives and applicators shall be set by the county Board of Supervisors, but shall not exceed the cost of processing the registration or twenty-five dollars ($25), whichever is less. Payment of the fee shall be due at registration or on a date set by the commissioner. Structural pest control operators and field representatives may be added during the year, but the fee shall not exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. (b) Each registration shall be in the form prescribed by the director after consulting with the SPCB and the commissioners and shall include the name and address of the SPCB registered company or structural pest control operator and all satellite offices conducting business in the county, the name of the qualifying manager or the structural pest control operator and his or her license number, and a business telephone number. The registration form for field representatives and applicators shall include their name, license number, business address, and telephone number, and may be included with the business registration. (c) Each licensed structural pest controller, including structural pest control operators, field representatives, applicators, or an SPCB registered company, that intends to conduct fumigation operations is required to appear in person at the office of the commissioner to complete the registration required by Section 15204. (d) Each SPCB registered company or structural pest control operator that intends to conduct fumigation operations shall notify the agricultural commissioner at least 24 hours prior to commencing fumigation, or as approved on a case-by-case basis by the commissioner. This notice shall include all of the following: (1) Name and address of the registered company or structural pest control operator. (2) Address of the area or areas to be fumigated. (3) The pesticide to be applied. (4) The date of the intended application. (e) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5. (Added by Stats. 2007, Ch. 338, Sec. 3. Effective January 1, 2008.)
  91. 15204.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    A commissioner may require payment of delinquent county fees before registering a structural pest control licensee to operate in that county.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15204.6. A commissioner may require full payment of any delinquent fees due to the county pursuant to Section 8698.1 of the Business and Professions Code as a condition of registering a structural pest control licensee to operate a structural pest control business in that county pursuant to Sections 15204 and 15204.5. (Added by Stats. 2013, Ch. 596, Sec. 6. (AB 1177) Effective January 1, 2014.)
  92. 15205.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    Registered structural pest control companies must provide existing pesticide/device-use records to specified officials on demand, and they may not block onsite inspections.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15205. (a) Each registered structural pest control company shall make all existing records pertaining to pesticide and device use available to the director, the Structural Pest Control Board, or commissioner upon demand at the headquarters of the business during normal business hours. A registered structural pest control company or licensee may not prohibit onsite inspection for compliance with the Business and Professions Code and this division regarding pesticides and structural pest control devices and regulations adopted pursuant thereto. Except as provided in Section 8505.5 of the Business and Professions Code, nothing in this section shall be construed as requiring a registered structural pest control company or licensee to provide advance notice of the date, time, location of the application, type of device or pesticide application, or any other related information unless the information is contained in existing records available to the registered company or licensee, in which case the director, the Structural Pest Control Board, or commissioner may require that this information be produced at the company’s place of business. (b) Information and documents gathered by the director, the Structural Pest Control Board, or the commissioner pursuant to this section that are protected from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall remain confidential while in the director’s, the board’s, or the commissioner’s possession. (c) (1) “Device,” for purposes of this section, means any method, instrument, or contrivance intended to be used to prevent, eliminate, destroy, repel, attract, or mitigate any wood destroying pest, but does not include firearms, pesticides as defined in Section 12753, or equipment used for the application of pesticides when sold separately from a pesticide. (2) “Wood destroying pest,” for purposes of this section, includes, but is not limited to, insects such as wood borers and termites. “Wood destroying pest” does not include wood-decaying fungi, general household pests such as cockroaches, or vertebrate pests such as rats and mice. (Amended by Stats. 2021, Ch. 615, Sec. 124. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  93. 15206.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    If the director receives a notice under Section 8616.6, the director must investigate the actions that led to the notice and take appropriate action allowed by this code.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15206. If the director receives a notice pursuant to Section 8616.6 of the Business and Professions Code, he or she shall investigate the actions which caused the filing of the notice and take appropriate action as authorized in this code. (Added by Stats. 1984, Ch. 766, Sec. 14.)
  94. 15206.5.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    Regulations adopted under Section 11503 do not apply to this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15206.5. Regulations adopted pursuant to Section 11503 are not applicable to this chapter. (Added by Stats. 1984, Ch. 766, Sec. 14.)
  95. 15206.6.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. )

    Verify source ↗

    The director and the Structural Pest Control Board must jointly develop and agree on a list of violation types for referral to the board for disciplinary action.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Structural Pest Control [15201 - 15206.6] ( Chapter 7 added by Stats. 1984, Ch. 766, Sec. 14. ) ## 15206.6. The director and the Structural Pest Control Board shall jointly develop and concur in the list of the types of violations that the commissioners shall refer to the board for disciplinary action. (Added by Stats. 1984, Ch. 766, Sec. 14.)
  96. 15300.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 1. Definitions [15300- 15300.] ( Article 1 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    This section defines “structural pest control device” and “wood destroying pest” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 1. Definitions [15300- 15300.] ( Article 1 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15300. For the purposes of this chapter, the following definitions apply: (a) “Structural pest control device” or “device” means any method, instrument, or contrivance intended to be used to prevent, eliminate, destroy, repel, attract, or mitigate any wood destroying pest, but does not include firearms, pesticides as defined in Section 12753, or equipment used for the application of pesticides when sold separately from a pesticide. (b) “Wood destroying pest” includes, but is not limited to, insects such as wood borers and termites. “Wood destroying pest” does not include wood-decaying fungi, general household pests such as cockroaches, or vertebrate pests such as rats and mice. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  97. 15301.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    This section bars people from making, selling, possessing, using, or otherwise providing unregistered structural pest control devices in California, with a limited export exception and a possible time extension process for older devices.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15301. (a) On and after July 1, 2001, it is unlawful for any person directly, or through another, to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use any device in this state that is not registered pursuant to this chapter, or for which the registration has been suspended or canceled, except as provided in subdivision (b), any other provision of this chapter, regulations adopted by the director, or a notice or order of suspension or cancellation of a device. (b) For devices in use in California prior to January 1, 2001, the director may grant reasonable extensions of time for the submission or review, or both the submission and review, of data in support of an application for registration. Before the director may grant an extension of time, the applicant shall have made a good faith effort to comply with the requirements of this chapter and shall demonstrate to the satisfaction of the director that circumstances beyond the applicant’s control were the primary cause of the delay. (c) This section does not apply to any device manufactured solely for export outside this state and which is so exported. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  98. 15302.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director must regulate structural pest control devices.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15302. The director shall regulate structural pest control devices. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  99. 15303.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may adopt, amend, repeal, and enforce regulations for devices under this chapter, and must consider safe use and safe working conditions when doing so.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 2. General Provisions [15301 - 15303] ( Article 2 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15303. The director may adopt, amend, repeal, and enforce regulations relating to the regulation of devices and the administration of this chapter. When adopting regulations pursuant to this chapter, the director shall consider the safe use of devices and safe working conditions for persons handling, storing, or using devices or working in and about device treated areas. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  100. 15305.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director must try to keep harmful, ineffective, or misrepresented structural pest control devices out of use, and may set criteria, standards, reporting rules, use restrictions, and reevaluate registered devices.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15305. (a) The director shall endeavor to prevent and eliminate from use in this state any device that meets any of the following criteria: (1) The device endangers human health or safety, property, or the environment. (2) The device is not beneficial or efficacious for the purposes for which it is manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used. (3) Is misrepresented. (b) The director may establish specific criteria to evaluate a device. The director may establish performance standards and tests of structural pest control devices, which are to be conducted by the applicant for registration, registrant, or parties interested in the registration of the device. (c) Before a device is registered, the director shall conduct, or cause to be conducted, a thorough and timely evaluation of the device. The director may impose reporting requirements and restrictions upon the use of a device, including, but not limited to, limitations on area and manner of application. The director may reevaluate any registered device. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  101. 15306.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director must not determine a device to be beneficial or efficacious if specified defects or omissions exist.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15306. The director shall not determine a device to be beneficial or efficacious if any of the following exists: (a) The ability of the device to control pests falls below the standard or quality that the device is represented to have, or the device is of little or no value for the purpose for which it is intended. (b) Any component or subsystem that is necessary to the effectiveness of the device has been wholly or partially omitted in its manufacture, or other materials have been substituted for that component or subsystem. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  102. 15307.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    Certain device manufacturers, importers, sellers, and dealers must get a device registration certificate from the director before the device is handled or used in California, unless an exception applies.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15307. Every manufacturer of, importer of, vender of, or dealer in, any device, except a dealer or agent that sells a registered device, shall obtain a certificate of device registration from the director before the device is manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used, in this state, unless the device is used under a valid device research permit pursuant to Section 15314. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  103. 15308.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    Applicants for device registration must submit specified application materials and pay a $200 nonrefundable fee.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15308. Each applicant for registration of a device, at a minimum, shall submit all of the following: (a) A completed application form prescribed by the director. (b) Proposed labeling for the device. (c) Valid data supporting each claim on the proposed label and supporting the safety of the device for each proposed labeled use. (d) A nonrefundable application fee in the amount of two hundred dollars ($200). The application fees shall be deposited in the Department of Pesticide Regulation Fund and shall be available, upon appropriation, for use by the department in administering this division. (e) Any other information required by regulation of the director. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  104. 15309.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    After receiving the required information and fee, the director must act promptly on a device registration submission by issuing a certificate, asking for more information, or denying registration.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15309. Within a timely manner after receipt of the information and fee specified in Section 15308, the director shall do one or more of the following: (a) Issue a certificate of device registration pursuant to Section 15310. (b) Notify the applicant that the submission is inadequate and specify the additional data that must be submitted and reviewed before a registration decision is rendered. In issuing a notification pursuant to this subdivision, the director may specify a reasonable timeframe for the submission of the additional data, moneys, labeling, or information to avoid a requirement for submission of a new application and application fee. (c) Notify the applicant of the director’s decision to deny registration. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  105. 15310.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    If the applicant complies with this chapter and its regulations, the director must register the device and issue a device registration certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15310. If an applicant for registration of a device complies with this chapter and the regulations that are adopted pursuant to this chapter, the director shall register the device and issue a certificate of device registration to the applicant authorizing the manufacture and sale of the device in this state. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  106. 15311.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director must deny registration if the director finds noncompliance, and may hold a hearing if the applicant asks.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15311. If the director finds that registration must be denied due to noncompliance with this chapter or the regulations that are adopted pursuant to this chapter, the director shall deny registration. Upon the request of the applicant, the director may hold a hearing to reconsider the director’s decision to deny the application. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  107. 15312.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    An applicant for a certificate of device registration must tell the director every brand and trademark of each device it plans to make, sell, lease, possess, use, or otherwise provide. The director may also require the applicant to identify each component of the device.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15312. Each applicant for a certificate of device registration shall inform the director of every brand and trademark of a device that the applicant intends to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use. The director may require an applicant to identify each component in the device. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  108. 15313.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    A device registrant must immediately tell the director about any proposed change to the device. The director must decide whether approval is needed before the changed device can be made, sold, leased, possessed, or used in the state, and must notify the registrant of that decision.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15313. The registrant of a device shall immediately notify the director of any proposed change to the device including, but not limited to, labeling composition, configuration method of application, and use of the device. The director shall determine whether the changes require the director’s approval before the changed device may be manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in this state. The director shall notify the registrant of this determination. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  109. 15314.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may issue a device research permit for scientific evaluation of new devices.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15314. The director may issue a device research permit for the scientific evaluation of new devices for a limited period of time determined by the director. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  110. 15315.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may cancel or refuse to register a device if listed criteria are met, but must first give the registrant or applicant notice and an opportunity to be heard.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15315. (a) Pursuant to Sections 15305 and 15306, after providing notice to the device registrant or applicant of an opportunity to be heard, the director may cancel the registration of, or refuse to register, any device that meets any of the following criteria: (1) The director determines that the device has demonstrated serious uncontrollable adverse effects on human health or safety, property, or the environment. (2) The director determines that the use of the device is of less public value or greater detriment to the environment than the benefit received by its use. (3) The director determines that a false or misleading statement is made or implied by the registrant or his or her agent, or the applicant for registration, either verbally or in writing, or in the form of any advertising literature concerning the device. (4) The director determines that the registrant, or his or her agent, or applicant for registration has failed to report any adverse effect or risk as required by Section 15316. (5) The director determines that the registrant has failed to comply with the requirements of a reevaluation of the registrant’s device. (6) The director determines that false information relating to the testing of the device, including the nature of any protocol, procedure, substance, organism, or equipment used, observation made, or conclusion or opinion formed, was submitted to the director. (b) When taking action or making a determination pursuant to this section, the director may require practical demonstrations and scientific testing that the director finds are necessary to determine the facts. The demonstrations or testing shall be conducted by the applicant for registration, registrant, or parties interested in the device registration. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  111. 15316.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    An applicant or registrant must immediately submit to the director any new factual or scientific information about adverse effects or risks of the device to human health or safety, property, or the environment that has not already been submitted.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15316. If, during the registration process, or at any time after the registration of a device, the applicant or registrant has factual or scientific information showing any adverse effect or risk of the device to human health or safety, property, or the environment that has not been previously submitted to the director, the applicant for registration or the registrant, as the case may be, shall immediately submit the information to the director. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  112. 15317.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may suspend registration of a registered device after notice to the registrant if certain dangerous conditions are believed to apply.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15317. If the director has reason to believe that any of the conditions stated in Section 15315 are applicable to any registered device and that the use or continued use of the device constitutes an immediate substantial danger to human health or safety, property, or the environment, the director, after notice to the registrant, may suspend the registration of that device pending a hearing and final decision. If the director does not file an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code within 30 days from the date of the suspension, the suspension shall be terminated. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  113. 15318.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may cancel, or refuse to issue, a device registration certificate for a manufacturer, importer, or dealer when the device repeatedly violates this chapter or the director’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15318. The director may cancel a certificate of device registration, or refuse to issue a certificate of device registration to any manufacturer, importer, or dealer in any device that repeatedly violates this chapter or the regulations of the director. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  114. 15319.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director’s action under certain sections is not required before someone can start an action to prosecute or assess a civil penalty for a violation of the chapter or its regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15319. Action by the director pursuant to Section 15305, 15311, 15315, 15317, or 15318 is not a condition precedent to the institution of any action to prosecute or levy a civil penalty for a violation of this chapter or regulations adopted pursuant to this chapter. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  115. 15320.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    A registrant may ask to cancel a device registration in writing, and the director must mail a cancellation notice that states the effective date.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 3. Device Registration [15305 - 15320] ( Article 3 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15320. (a) A registrant at any time may request that the registration of any of its devices be voluntarily canceled. The request shall be in writing to the director and shall include a waiver of the registrant’s right to a hearing on the cancellation. (b) The director shall mail a notice of voluntary cancellation of registration of the device to the registrant. The notice shall specify the effective date of the cancellation. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  116. 15325.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    A device registrant must provide printed directions for use either on the label or enclosed with the device, and the label must list the device’s sale name plus the manufacturer, importer, dealer, or vendor name and address.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15325. The registrant of a device shall furnish printed directions for use on the label or shall enclose the printed directions with the device. The device label shall state the name, brand, or trademark, if any, under which the device will be sold and the name and address of the device manufacturer, importer, dealer, or vendor. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  117. 15326.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The registrant may put warranty limitations on the device label, but those limits cannot remove or waive the stated implied warranties.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15326. (a) The registrant of a device may print limitations of warranty on the label with respect to the use of the device, as the registrant considers proper. (b) Notwithstanding subdivision (a), no limitations of warranty by the device manufacturer, registrant, user, seller, lessor, or licensor shall exclude or waive either of the following implied warranties: (1) That the device corresponds to all claims and descriptions that the registrant has made in print regarding the device. (2) That the device is reasonably fit for use for any purpose for which it is intended according to any printed statement of the registrant. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  118. 15327.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The registrant is generally not liable for injury or damage suffered solely because the device was used for a different purpose than the label says or contrary to the registrant’s printed directions, unless another rule in the chapter says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 4. Labeling and Warranty [15325 - 15327] ( Article 4 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15327. Except as otherwise provided in this chapter, the registrant is not liable for any injury or damage that is suffered solely by reason of any of the following: (a) The use of the device for a purpose different from that represented by the label. (b) The use of the device contrary to the printed directions of the registrant. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  119. 15330.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 5. Seizure [15330- 15330.] ( Article 5 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    The director may order noncompliant devices stopped, seized, or quarantined, and the department must give a hearing after seizure or quarantine.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 5. Seizure [15330- 15330.] ( Article 5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15330. (a) If any device is determined to be manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of any of the provisions of this chapter or any regulations adopted pursuant to this chapter, or if the device has been, or is intended to be, manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of those provisions, or when the registration of the device has been canceled by a final order or has been suspended, the director may issue a written “cease and desist” order to any person who owns, controls, or has custody of the device. After receipt of the cease and desist order, the receiver of the order shall not manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use the device described in the order except in accordance with the provisions of the order. (b) The director may seize or quarantine any device that meets any of the following criteria: (1) The device is not registered pursuant to this chapter or any of the regulations adopted pursuant to this chapter. (2) Any of the claims made for the device or any of the directions for its use differs in substance from the representation made in connection with its registration. (3) The device is misbranded or mislabeled. (4) When used in accordance with the requirements imposed under this chapter and as directed by the labeling or printed directions, the device nevertheless causes unreasonable adverse effects on human health, human safety, human welfare, property, or the environment. (5) The device is manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of a cease and desist order. (6) The device is otherwise not in conformity with this chapter or the regulations adopted pursuant to it. (c) After a device is seized or quarantined, the department shall provide the person from whom the device was seized or quarantined an opportunity for a hearing. (1) If the director determines, after a hearing is held if requested, that the device can be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall hold the device or continue the quarantine until the requirements of this chapter and the regulations adopted pursuant to this chapter have been complied with, at which time the device shall be released to the person from whom it was seized or the quarantine shall be lifted, as the case may be. (2) If the director determines, after a hearing is held if requested, that the device cannot be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall order the owner of the device to dispose of it in a manner prescribed by the director to protect human health, human safety, and human welfare and to accomplish the purposes of this chapter. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  120. 15331.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 6. Device Usage [15331- 15331.] ( Article 6 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    Using a device must not conflict with the device’s registered label.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 6. Device Usage [15331- 15331.] ( Article 6 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15331. The use of any device shall not conflict with the label on the device as registered pursuant to this chapter. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  121. 15340.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 7. Violations [15340- 15340.] ( Article 7 added by Stats. 1998, Ch. 651, Sec. 11. )

    Verify source ↗

    This section makes it unlawful for any person to manufacture, sell, possess, use, or otherwise provide certain structural pest control devices unless the device is properly registered or covered by an exception.

    ## Food and Agricultural Code - FAC ## DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340] ( Division 7 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.5. Structural Pest Control Devices [15300 - 15340] ( Chapter 7.5 added by Stats. 1998, Ch. 651, Sec. 11. ) ## ARTICLE 7. Violations [15340- 15340.] ( Article 7 added by Stats. 1998, Ch. 651, Sec. 11. ) ## 15340. (a) Except as provided by subdivision (c), it is unlawful for any person directly, indirectly, or through another, to manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use any of the following:(1) Any device that is not registered pursuant to this chapter, or whose registration has been canceled or suspended, except to the extent that the sale, lease, or other provision has been authorized by the director. (2) Any registered device if any claim made for it as a part of its distribution or sale substantially differs from any claim made for it as a part of the information required in connection with its registration. (3) Any registered device the configuration of which differs at the time of its sale, lease or other provision, or use from its configuration as described in the information required in connection with its registration. (4) Any device that is misbranded or mislabeled. (b) It is unlawful for any person directly, indirectly, or through another, to do any of the following: (1) Violate any provision of this chapter and any rules or regulations adopted by the director pursuant to this chapter. (2) Manufacture for sale, advertise, deliver or otherwise provide, offer for sale or lease, sell, lease, possess, or use any device, except in compliance with this chapter and regulations adopted pursuant to this chapter. (3) Detach, alter, deface, or destroy, in whole or in part, any device labeling. (4) Refuse to prepare, maintain, or submit any records or reports required by the director under this chapter or regulations adopted pursuant to this chapter for a registered device. (5) Use any registered device in a manner inconsistent with its registration and labeling. (6) Use any device that is under a valid device research permit contrary to the provisions of that permit. (7) Violate any order issued pursuant to this chapter. (8) Knowingly falsify all or part of any application for registration, application for a device research permit, any information submitted to the director pursuant to this chapter, any records required to be maintained pursuant to this chapter, or any report filed under this chapter. (9) Falsify all or part of any information relating to the testing of any device, including the nature of any protocol, procedure, substance, organism, or equipment used, observation made, or conclusion or opinion formed, submitted to the director, or that the person knows will be furnished to the director or will become a part of any records required to be maintained by this chapter or regulations adopted pursuant to this chapter. (10) Submit to the director data known to be false in support of a registration. (c) It is not a violation of subdivision (a) for any person to manufacture for sale, transport, or use any device pursuant to a valid research permit in effect with respect to that device and that use or possession. (Added by Stats. 1998, Ch. 651, Sec. 11. Effective January 1, 1999.)
  122. 16.

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

    Verify source ↗

    Headings in this code do not change the scope, meaning, or intent of its provisions.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 16. Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1967, Ch. 15.)
  123. 16001.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16001. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.)
  124. 16002.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “aircraft” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16002. “Aircraft” means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation through the air from origins in other states or territories or in foreign countries. (Enacted by Stats. 1967, Ch. 15.)
  125. 16003.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    “Food stores” means fruits, vegetables, or animal products carried as stores on vessels and aircraft, including the same items kept in passengers’ and crews’ quarters.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16003. “Food stores” means fruits, vegetables, or animal products which are carried as stores of vessels and aircraft and includes fruits, vegetables, or animal products which are carried in passengers’ and crews’ quarters. (Amended by Stats. 1969, Ch. 41.)
  126. 16004.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “garbage” for this code section.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16004. “Garbage” means waste material, such as food scraps, table refuse, galley refuse, and refuse from stores of vessels and aircraft, including such waste material in passengers’ and crews’ quarters, which is derived, in whole or in part, from fruits, vegetables, or animal products. (Enacted by Stats. 1967, Ch. 15.)
  127. 16005.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “Territorial waters of California.”

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16005. “Territorial waters of California” means all navigable waters of this state including all portions of the sea within its jurisdiction which are used by vessels or aircraft. (Enacted by Stats. 1967, Ch. 15.)
  128. 16006.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “vessel” for this code chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16001 - 16006] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16006. “Vessel” means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation in or on coastal, intercoastal, or foreign waters. (Enacted by Stats. 1967, Ch. 15.)
  129. 16051.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16051- 16051.] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    Regulations adopted by the director under this division must not conflict with specified USDA Agricultural Research Service orders or regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16051- 16051.] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 16051. Regulations which are adopted by the director pursuant to this division shall not conflict with Agricultural Research Service of the United States Department of Agriculture orders or regulations which pertain to garbage that is derived from meats or meat products which originate in any country which is listed as a country in which there are animals which are infected with the disease known as rinderpest or with foot-and-mouth disease. (Enacted by Stats. 1967, Ch. 15.)
  130. 16101.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Containers and Receptacles [16101- 16101.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    If no incineration or approved garbage processing is available on a vessel or aircraft, the person in charge must provide tight-fitting covered containers or receptacles to hold the garbage.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Containers and Receptacles [16101- 16101.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 16101. If means of incineration of, or other approved processing for, garbage are not available aboard any vessel or aircraft in the state, the master or other person that is in charge of such vessel or aircraft shall provide containers or receptacles with tight-fitting covers in which the garbage shall be retained while within the territorial waters of, or on the land in, California pending incineration or approved treatment under the supervision and pursuant to the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  131. 16151.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    A person may not dump, move, or otherwise handle garbage from a vessel, aircraft, or other vehicle into territorial waters or onto land in the state, unless one of the listed disposal exceptions applies.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 16151. It is unlawful for any person to throw, discharge, deposit, remove, or carry garbage, or cause, suffer, or procure garbage to be thrown, discharged, deposited, removed, or carried, from any vessel, aircraft, or any other vehicle into any territorial waters, or onto land within the state, except for any of the following: (a) Immediate burning in incinerators. (b) Approved treatment or approved disposal under the supervision and pursuant to the regulations of the director. (c) Delivery to a garbage collector that, for the purpose of accepting garbage, is licensed by the director or by the federal government. (Enacted by Stats. 1967, Ch. 15.)
  132. 16152.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    A person must not keep garbage on a vessel, aircraft, or other vehicle in the state unless it is in a tightly closed container or is treated as the director prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 16152. It is unlawful for any person to retain or maintain garbage on any vessel, aircraft, or other vehicle within the state, except in tightly closed containers or receptacles and under such treatment as may be prescribed by the director. (Enacted by Stats. 1967, Ch. 15.)
  133. 16153.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    A person may not remove food stores from a vessel, aircraft, or other vehicle unless a permit has been issued by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 16153. It is unlawful for any person to remove food stores from any vessel, aircraft, or other vehicle except under a permit issued by the director. (Enacted by Stats. 1967, Ch. 15.)
  134. 16154.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    Any person must not violate this division or help, authorize, or instigate a violation of it.

    ## Food and Agricultural Code - FAC ## DIVISION 8. VESSEL AND AIRCRAFT GARBAGE [16001 - 16154] ( Division 8 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Violations [16151 - 16154] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 16154. It is unlawful for any person to violate, or to aid, abet, authorize, or instigate a violation of, this division. (Enacted by Stats. 1967, Ch. 15.)
  135. 16301.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    The chapter’s definitions govern how this part is interpreted unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16301. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1967, Ch. 15.)
  136. 16302.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “animal” to include certain livestock and related parts of those animals.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16302. “Animal” includes any domestic bovine animal, horse, mule, burro, sheep, goat, or swine, or the hide, carcass, or portion of a carcass of any such animal. (Enacted by Stats. 1967, Ch. 15.)
  137. 16303.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    “Inspector” means a hide and brand inspector, including the persons specified in Section 20010.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [16301 - 16303] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 16303. “Inspector” means a hide and brand inspector. It includes the persons who are specified in Section 20010. (Enacted by Stats. 1967, Ch. 15.)
  138. 16401.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Application [16401- 16401.] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This part applies to all state and county institutions that engage in livestock operations, including the fee provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Application [16401- 16401.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 16401. This part, including the provisions regarding payment of fees, is applicable to all state and county institutions engaging in livestock operations. (Enacted by Stats. 1967, Ch. 15.)
  139. 16421.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Criminal Penalty [16421- 16421.] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating this part is a misdemeanor punishable by a $100-$1,000 fine, jail for 10 days to 1 year, or both; certain listed violations have the same fine but up to 6 months in jail.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Criminal Penalty [16421- 16421.] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 16421. (a) Except as otherwise provided in this part or in subdivision (b), every person that violates this part is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment of not less than 10 days nor more than one year, or by both the fine and imprisonment. Each violation during any day shall constitute a separate offense. (b) Every person who violates the following is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment of not less than 10 days nor more than six months, or by both the fine and imprisonment. Each violation during any day shall constitute a separate offense: (1) Article 1 (commencing with Section 16501) of Chapter 3. (2) Chapter 5 (commencing with Section 16801). (3) Article 5 (commencing with Section 17121) of Chapter 7. (4) Chapter 8 (commencing with Section 17150). (Amended by Stats. 1988, Ch. 812, Sec. 1.5.)
  140. 16441.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates this part or regulations under it is civilly liable for up to $500 per violation, and recovered money must be paid into the Department of Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 16441. Any person that violates any provision of this part or any regulations issued pursuant to it is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money recovered under this section shall be paid into the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  141. 16442.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General must or may bring a civil penalty action against a person who violates this part, depending on whether the director complains or the Attorney General acts on their own initiative.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 16442. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part. (Enacted by Stats. 1967, Ch. 15.)
  142. 16443.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General may seek an injunction in superior court against violations of this part or related regulations, based on a director’s complaint or the Attorney General’s own initiative.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Civil Penalties and Remedies [16441 - 16443] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 16443. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or any regulation which is duly issued by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Enacted by Stats. 1967, Ch. 15.)
  143. 16461.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Funds [16461- 16461.] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money in the Department of Agriculture Fund may be used to administer and enforce specified provisions of the Food and Agricultural Code.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [16401 - 16461] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Funds [16461- 16461.] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 16461. Any money in the Department of Agriculture Fund derived under any of the provisions of this part may be expended for the administration and enforcement of any of the provisions of the following portions of this code, notwithstanding any other provision of law limiting the expenditure of any such money to some specific purpose or to the administration or enforcement of some specific section, article, or chapter of this part: (a) Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401), Division 9. (b) Division 10 (commencing with Section 20001). (c) Division 11 (commencing with Section 23001). (Amended by Stats. 1967, Ch. 13.)
  144. 16501.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Pedigree [16501- 16501.] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not use false or fraudulent pretense to get animal registration papers or to give a false pedigree to mislead someone.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Pedigree [16501- 16501.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 16501. It is unlawful for any person by any false or fraudulent pretense to do any of the following: (a) Obtain from any association organized for the purpose of improving the breed of domestic animals a certificate of registration of any animal in the herd register, or other register of such association or a transfer of any such registration. (b) Give, for a valuable consideration, a false pedigree of any animal, with intent to mislead. (Enacted by Stats. 1967, Ch. 15.)
  145. 16521.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An inspector must seize certain listed animals or animal remains when they are found without proof of ownership, unclaimed at inspection, or are estrays, and must give the seized-from person a notice of rights.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16521. (a) An inspector shall seize any bovine animal, horse, mule, or burro, or the hide or carcass of any of those animals, that is within any of the following classes: (1) Found in the possession of a person who does not also have in his or her possession proof of ownership. (2) Presented for inspection and that is not claimed by the consignor or consignee. (3) An estray as defined in Section 17001.5. (b) At the time of seizure, the person from whom the animal is seized shall be given a notice of rights under this chapter. (Amended by Stats. 1998, Ch. 680, Sec. 1. Effective January 1, 1999.)
  146. 16522.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section lists types of evidence that may be used to show ownership of an animal or hide.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16522. Evidence of ownership of an animal or hide may include any of the following: (a) A recorded brand registered in the name of the person in possession of the animal or hide. (b) A brand inspection certificate. (c) A bill of sale from the owner of the brand on the animal or hide. (d) In the case of an unbranded animal or hide, a bill of sale which gives a description of the breed, sex, color, and natural markings, if any. (e) A dairy exemption number. (Amended by Stats. 1979, Ch. 318.)
  147. 16522.5.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section lets eligible dairy-farm owners apply for a dairy exemption number, and sets how that number must be used in certain livestock sales.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16522.5. (a) A dairy exemption number shall be evidence of ownership of cull beef cows and bulls of a recognized dairy breed presented for sale at a registered or posted salesyard, or licensed slaughter plant for immediate slaughter. Any person owning a dairy farm as defined in Section 32505 may apply to the secretary for an exemption number. (b) Every five years, the secretary may charge a fee to cover the cost of issuing and renewing a dairy exemption number. The fee may not exceed fifty dollars ($50). The secretary may refuse to issue such number to persons who have violated any provision of Division 9 (commencing with Section 16301), Division 10 (commencing with Section 20001), or Division 11 (commencing with Section 23001) of the Food and Agricultural Code, or to persons convicted of livestock theft. (c) The dairy exemption number shall be written on the bill of consignment, defined in Section 21703, when the cattle and consignment slip are presented to an inspector at the registered or posted salesyard, or licensed slaughter plant. The salesyard operator shall display the letters “EX” in the description line of the salesyard outbilling. An exemption number shall be deemed to meet the identification information requirements of Section 21703. The cows shall be consigned, owned, and sold in the name of the person having the exemption number. (d) The secretary may revoke the dairy exemption number of any person who violates any provision of Division 9 (commencing with Section 16301), Division 10 (commencing with Section 20001), or Division 11 (commencing with Section 23001) of the Food and Agricultural Code, or who is convicted of livestock theft. (Amended by Stats. 2007, Ch. 124, Sec. 1. Effective January 1, 2008.)
  148. 16523.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Evidence of ownership of a carcass may be shown with a bill of sale, sales tag, or sales memorandum that includes the seller and buyer names, sale date, and quantity sold.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16523. Evidence of ownership of a carcass may include a bill of sale, sales tag, or sales memorandum which shows all of the following: (a) The names of the seller and buyer. (b) The date of sale. (c) The quantity sold. (Enacted by Stats. 1967, Ch. 15.)
  149. 16524.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not refuse to turn over to an inspector any animal, hide, or carcass seized under this part.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16524. It is unlawful for any person to refuse to turn over to an inspector any animal, hide, or carcass which is seized pursuant to any provision of this part. (Enacted by Stats. 1967, Ch. 15.)
  150. 16525.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not remove a seized animal, hide, or carcass from the premises where it was confined, unless the seizing inspector or peace officer has released it.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16525. It is unlawful for any person to remove any animal, hide or carcass, which is seized by an inspector or peace officer pursuant to any provision of this division, Division 10 (commencing with Section 20001), or Division 11 (commencing with Section 23001), from the premises where the inspector or peace officer confined it at the time of seizure, except upon release of such animal, hide or carcass, by the inspector or peace officer who seized the animal, hide, or carcass. (Added by Stats. 1973, Ch. 938.)
  151. 16526.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person presenting seized property for inspection must pay the costs of caring for that property, and the resulting lien may be enforced under Civil Code Section 3052.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16526. Any expense which is incurred in caring for any property seized pursuant to this part shall be paid by the person presenting the property for inspection. The cost of caring for the property so held is a lien upon the property. The lien may be enforced in the manner prescribed by Section 3052 of the Civil Code. (Added by Stats. 1973, Ch. 938.)
  152. 16527.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An animal, hide, or carcass seized under this chapter must be disposed of under Chapter 7 starting at Section 17001.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Pedigree and Proof of Ownership [16501 - 16527] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Proof of Ownership [16521 - 16527] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 16527. An animal, hide, or carcass seized pursuant to this chapter shall be disposed of pursuant to Chapter 7 (commencing with Section 17001). (Added by Stats. 1998, Ch. 680, Sec. 2. Effective January 1, 1999.)
  153. 16901.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes it unlawful for any person to lead, drive, or conduct an animal along a railroad track, unless the railroad is within a public highway or public place, and to allow an animal inside a railroad’s fences for grazing or other purposes if the person can prevent it.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16901. It is unlawful for any person to do any of the following: (a) Lead, drive, or conduct any animal along the track of a railroad, unless the railroad is built within the limits of a public highway or public place. (b) Permit any animal to be placed within the fences of a railroad for grazing or other purposes if he has the right to prevent it. (Enacted by Stats. 1967, Ch. 15.)
  154. 16902.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who owns or controls livestock must not let the livestock stray onto a public highway or remain there without a person in charge, when the highway is bordered on both sides by certain separated properties.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16902. A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of the livestock to stray upon, or remain unaccompanied by a person in charge or control of the livestock upon, a public highway, if both sides of the highway are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building. (Enacted by Stats. 1967, Ch. 15.)
  155. 16903.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not drive livestock on a public highway between sunset and sunrise unless enough herders are kept on continual duty to open the road for vehicles.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16903. It is unlawful for any person to drive any livestock upon, over, or across any public highway between the hours of sunset and sunrise unless he keeps a sufficient number of herders on continual duty to open the road so as to permit the passage of vehicles. (Enacted by Stats. 1967, Ch. 15.)
  156. 16904.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In certain civil actions over collisions between a motor vehicle and a domestic animal on a highway, there is no presumption or inference that the collision was caused by negligence of the animal’s owner or possessor.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16904. In any civil action which is brought by the owner, driver, or occupant of a motor vehicle, or by their personal representatives or assignees, or by the owner of livestock, for damages which are caused by collision between any motor vehicle and any domestic animal on a highway, there is no presumption or inference that the collision was due to negligence on behalf of the owner or the person in possession of the animal. (Enacted by Stats. 1967, Ch. 15.)
  157. 16905.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Railroad officers, agents, or conductors may not keep animals in cars for more than 36 consecutive hours when transporting them in carloads, and the animals must be unloaded at least every 36 hours for at least 5 consecutive hours.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16905. It is unlawful for any officer, agent, or conductor of any railroad in this state, to confine any animals in cars for a longer period than 36 consecutive hours if the animals are being carried or transported by the railroad in carloads. At least every 36 hours the animals shall be unloaded for rest, water, and feeding, into properly equipped pens for a period of not less than five consecutive hours. (Enacted by Stats. 1967, Ch. 15.)
  158. 16906.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When calculating confinement time under Section 16905, include time spent without rest on connecting roads from which the animals were received.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16906. In estimating the time of confinement pursuant to Section 16905, the period during which animals have been confined without such rest on connecting roads from which they are received, shall be included. (Enacted by Stats. 1967, Ch. 15.)
  159. 16907.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If payment for care and feed is refused or neglected, the railroad operator may charge those costs to the owner or consignee and keep a lien on the animals until paid.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16907. If the owner or person in charge of the animals refuses or neglects to pay for the care and feed of the animals so rested, the company or person operating the railroad may charge the expense of the care and feeding to the owner or consignee and retain a lien upon the animals until the amount of expense is paid. (Enacted by Stats. 1967, Ch. 15.)
  160. 16908.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who own or operate certain trucks may not keep an animal confined in the vehicle for more than 28 consecutive hours after it was last fed and watered.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16908. It is unlawful for any person that owns or operates any motor truck, or motor truck and trailer, or semitrailer, to confine or permit to be confined, in such vehicle, any animal for a longer period than 28 consecutive hours from the time the animal was last fed and watered. Upon the written request of the owner or person in charge of the animal, the period of confinement may be extended to 36 hours. Before the expiration of the permissible period of confinement, the animal shall be unloaded in a humane manner by means of a chute or tailgate of sufficient size into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours. The failure of a person to feed or water an animal within the time limit prescribed by this section is not a violation of this section if the feeding and watering of the animal is prevented by storm or other accidental or unavoidable causes which could not be anticipated or avoided by the exercise of due diligence and foresight. (Amended by Stats. 1967, Ch. 13.)
  161. 16909.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When calculating an animal’s confinement period, do not count loading and unloading time; do count time spent confined without rest, food, or water on another or connecting vehicle, or outside the state.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Transportation of Animals [16901 - 16909] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 16909. In estimating the period of confinement, the time consumed in loading and unloading the animal shall not be considered, but the time during which the animal has been confined without rest, food, or water on any other or connecting vehicle, or outside of the state, shall be included. (Enacted by Stats. 1967, Ch. 15.)
  162. 17.

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

    Verify source ↗

    If part of this code is held invalid, the rest of the code still applies.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 17. If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application of the provision to any other person or circumstance is not affected. (Enacted by Stats. 1967, Ch. 15.)
  163. 17001.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “taker-up” as a person who takes up an estray animal under Section 17041.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17001. As used in this chapter, “taker-up” means any person that takes up an estray animal pursuant to Section 17041. (Enacted by Stats. 1967, Ch. 15.)
  164. 17001.5.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “estray” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17001.5. For the purpose of this chapter, “estray” means any impounded or seized bovine animal, horse, mule, sheep, swine, burro, alpaca, llama, or goat whose owner is unknown or cannot be located. (Amended by Stats. 2015, Ch. 444, Sec. 1. (AB 1363) Effective January 1, 2016.)
  165. 17002.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an inspector seizes an animal or receives it into possession under this part, the animal must be managed under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17002. Any animal that is seized by, or comes into the possession of, an inspector pursuant to this part shall be managed pursuant to this chapter. (Amended by Stats. 2015, Ch. 444, Sec. 2. (AB 1363) Effective January 1, 2016.)
  166. 17003.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section generally leaves local estray laws in place, requires immediate notice to the secretary when certain animals are impounded, and requires the secretary to take possession of bovine animals and manage them under this chapter after notice.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17003. (a) Except as provided in this section, this chapter does not affect any law, ordinance, or regulation regarding estrays, the shelter director, other animal control officer, or a public animal control agency or shelter within the limits of any city or county where those laws, ordinances, or regulations are in force. (b) Upon the impounding of any bovine animal, horse, mule, sheep, swine, burro, alpaca, llama, or goat, the shelter director, other animal control officer, or public animal control agency or shelter shall immediately notify the secretary. Upon receipt of that notice, the secretary shall take possession of any bovine animal and shall manage it pursuant to this chapter. (c) Any city, county, or city and county that establishes or has established laws, ordinances, or regulations regarding estrays, may opt to follow those laws, ordinances, or regulations instead of this chapter in the handling of estrays that are not bovine animals in accordance with the applicable laws, ordinances, or regulations of the city, county, or city and county. (d) This section does not authorize any act that violates Section 597 of the Penal Code. (Amended by Stats. 2019, Ch. 7, Sec. 5. (AB 1553) Effective January 1, 2020.)
  167. 17004.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may take up estray animals if the owners are unknown and cannot be found.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17004. The director may take up estray animals whose owners are unknown and cannot be located. (Added by Stats. 1968, Ch. 630.)
  168. 17005.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The state states that adoptable animals should not be euthanized if they can be adopted into a suitable home, and treatable animals should not be euthanized.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17005. (a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. (b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia. (Added by Stats. 1998, Ch. 752, Sec. 10. Effective January 1, 1999.)
  169. 17006.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Animals suffering from a serious illness or severe injury must not be kept for owner redemption or adoption. Newborn animals needing maternal care that were impounded without their mothers may be euthanized, except where other cited sections apply.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [17001 - 17006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 17006. Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Except as provided in subdivision (b) of Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. (Amended by Stats. 2018, Ch. 194, Sec. 1. (AB 2791) Effective January 1, 2019.)
  170. 17041.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who finds an estray domestic animal on their premises, on premises they may possess, or on an adjacent highway may take up the animal and may claim a lien for related expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 17041. Except as provided in Article 5 (commencing with Section 17121) of this chapter, any person that finds any estray domestic animal upon his premises, or upon premises to which he has the right of possession, or upon any highway which is adjacent to such premises, may take up the animal and have a lien for all expenses which are incurred in taking up, keeping, and caring for it. (Enacted by Stats. 1967, Ch. 15.)
  171. 17042.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who takes up an estray animal must keep it in a secure place and immediately file a notice with the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 17042. Any person that takes up an estray animal shall confine it in a secure place, and shall immediately file with the secretary a notice containing all of the following: (a) A description of the animal seized. (b) The marks and brands, if any. (c) The probable value of the animal. (d) A statement of the date and place where it was taken up and confined. (Amended by Stats. 1996, Ch. 653, Sec. 11. Effective January 1, 1997.)
  172. 17043.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A taker-up of an estray animal must use reasonable care to prevent injury, and is not liable if the animal dies or escapes while being held under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 17043. The taker-up of an estray animal shall use reasonable care to preserve it from injury. If it dies or escapes from the taker-up at any time while he is holding it pursuant to this chapter, the taker-up shall not be held liable in any manner therefor. (Enacted by Stats. 1967, Ch. 15.)
  173. 17044.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The taker-up is entitled to the amount set by Section 17095 for keeping and caring for the estray animal.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 17044. The taker-up is entitled to the sum prescribed by Section 17095 for the keeping and care of the estray animal. (Enacted by Stats. 1967, Ch. 15.)
  174. 17045.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person generally may not remove an animal from the taker-up’s possession, unless another rule in this chapter allows it.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Taker-Up of Estrays [17041 - 17045] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 17045. Except as otherwise provided in this chapter, it is unlawful for any person to remove any animal from the possession of the taker-up. (Enacted by Stats. 1967, Ch. 15.)
  175. 17061.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A taker-up must give the animal to an authorized inspector when the inspector demands it.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17061. Upon demand of any authorized inspector, the taker-up shall deliver possession of the animal to the inspector. (Enacted by Stats. 1967, Ch. 15.)
  176. 17062.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not remove an animal from an inspector’s possession if the animal was delivered to the inspector, unless another rule in this chapter allows it.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17062. Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal so delivered to him. (Enacted by Stats. 1967, Ch. 15.)
  177. 17063.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a seized animal in an inspector’s possession is branded, the director must have the brand records searched to find the owner.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17063. If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to ascertain the owner. (Enacted by Stats. 1967, Ch. 15.)
  178. 17064.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If brands or marks are recorded, the director must immediately notify the person in whose name they are recorded by letter.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17064. If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded. (Enacted by Stats. 1967, Ch. 15.)
  179. 17065.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner of a taken-up animal is not found and the animal is worth more than $225, the secretary must prepare notice, post it for 14 days, and periodically publish a list of the animals noticed.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17065. (a) If the owner is not found, and the estimated value of the animal exceeds two hundred twenty-five dollars ($225), the secretary shall cause a notice of the taking up of, and intent to sell the animal to be prepared. The notice may be distributed to the county department of agriculture and to all sales yards in the state. The secretary may limit distribution of the notice, however, to those sales yards that deal in the same type of animal as the animal that is taken up. (b) The notice shall be posted for a period of 14 days on a bulletin board in each office of the Bureau of Livestock Identification. (c) In addition to posting and distributing the notice, the secretary shall periodically publish a list of the animals for which notice was given pursuant to this section, including the brands and descriptions of the branded animals and descriptions of the unbranded animals in the classified section of a livestock industry publication that is in general circulation throughout the State of California. (Amended by Stats. 1997, Ch. 727, Sec. 1.5. Effective January 1, 1998.)
  180. 17066.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the animal is worth less than $225 and notice is posted for five days at each Bureau of Livestock Identification office, the director may order a public sale.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17066. If the estimated value of the animal is less than two hundred twenty-five dollars ($225) and a notice is posted for five days on a bulletin board in each office of the Bureau of Livestock Identification, the director may cause the sale of the animal at a public sale and hold the proceeds as provided in Article 4 (commencing with Section 17091) of this chapter. (Amended by Stats. 1982, Ch. 1064, Sec. 3.)
  181. 17067.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A notice for taking up an animal must describe the animal and state when and where the proposed sale will happen.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17067. The notice of the taking up of an animal shall describe the weight, sex, breed, color, marks, and brands, if any, of the animal and shall state the time and place of its proposed sale. (Enacted by Stats. 1967, Ch. 15.)
  182. 17068.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person claiming ownership of an animal may file proof with the director, but must do so within 14 days after the first posting of notice.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17068. Any person that claims ownership in the animal may, at any time, but not later than 14 days after the first posting of notice, file his or her proofs of ownership with the director and the director shall proceed to hear and determine the claim of ownership. (Amended by Stats. 1982, Ch. 1064, Sec. 4.)
  183. 17069.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director is satisfied that ownership is proved, the animal must be turned over to the owner after the owner pays the handling expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Possession by Inspector [17061 - 17069] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 17069. If ownership is proved to the satisfaction of the director, the animal shall be turned over to the owner upon payment by the owner of all expenses which were incurred in the handling of the animal. (Enacted by Stats. 1967, Ch. 15.)
  184. 17091.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an inspector has an animal that needs immediate disposal, the director may dispose of it. Any salvage proceeds above handling expenses must be paid to the person who proves ownership under Section 17096.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17091. If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the director. The proceeds from the salvage, if any, in excess of expenses which were incurred in the handling of the animal shall be paid to the person proving ownership pursuant to Section 17096. (Amended by Stats. 1979, Ch. 318.)
  185. 17092.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If no satisfactory proof of ownership is made within 14 days after notice is first posted, or the owner does not pay incurred expenses, the director must sell the animal at public sale.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17092. If after 14 days from the date of the first posting of notice no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses to pay all expenses which were incurred, the director shall sell the animal at public sale. All sales which are made pursuant to this chapter convey a good and valid title to the purchaser. The former owner of the animal so sold is thereafter barred from all right to recover it. (Amended by Stats. 1982, Ch. 1064, Sec. 5.)
  186. 17093.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may sell an estray animal by private sale instead of public sale, but the price must be at least the animal’s appraised value.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17093. In lieu of public sale, the director may sell the animal at private sale at a price not less than the appraised value of the animal. The appraisal shall be made by a board of three stockmen who are qualified to make the appraisal, to be selected as follows: (a) One to be named by the director. (b) One by the person from whose possession the estray animal was taken. (c) One selected jointly by the stockmen who are selected pursuant to subdivisions (a) and (b) of this section. (Enacted by Stats. 1967, Ch. 15.)
  187. 17094.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may sell any carcass or part of a carcass at any time, using the market price in effect when the sale occurs.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17094. Any carcass or portion of a carcass may be sold by the director at any time at the market price which prevails at the time of sale. (Enacted by Stats. 1967, Ch. 15.)
  188. 17095.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The taker-up is entitled to a per-day payment for keeping and caring for an estray animal, based on prevailing custom livestock-feeding rates.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17095. The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from, the Department of Food and Agriculture Fund. For the keeping and care of the estray animal, the taker-up is entitled to a per day payment based on the prevailing rates charged by commercial enterprises that feed livestock on a custom basis. (Amended by Stats. 1996, Ch. 653, Sec. 12. Effective January 1, 1997.)
  189. 17096.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a person proves ownership of an animal sold under this article within one year after the sale, the director must pay that person the net sale proceeds.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Disposal and Sale [17091 - 17096] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 17096. If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his ownership of an animal which was sold pursuant to this article, the director shall order the net proceeds of the sale of the animal to be paid to such person. (Enacted by Stats. 1967, Ch. 15.)
  190. 17121.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines what counts as a lawful fence for livestock containment.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17121. A lawful fence is any fence which is good, strong, substantial, and sufficient to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this article unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one rod apart, one of which wires shall be at least four feet above the surface of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this article. The term “lawful fence” includes cattle guards of such width, depth, rail spacing, and construction as will effectively turn livestock. (Amended by Stats. 1967, Ch. 13.)
  191. 17122.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In declared grazing counties, a person may not take up an estray animal or claim a lien on it unless the premises are fully enclosed by a good and substantial fence.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17122. In any county or part of a county devoted chiefly to grazing and so declared pursuant to this article, a person shall not have the right to take up any estray animal found upon his premises, or upon premises to which he has the right of possession, nor shall he have a lien thereon, unless the premises are entirely enclosed with a good and substantial fence. (Enacted by Stats. 1967, Ch. 15.)
  192. 17123.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section designates listed counties or parts of counties as chiefly devoted to grazing.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17123. The following counties or parts of counties are declared to be devoted chiefly to grazing: (a) That portion of Trinity which is outside of the area described in Section 17125. (b) That portion of Shasta outside of the area which is described in Section 17126. (c) Siskiyou, Lassen, and Modoc. (d) Any county or part of a county which is declared to be devoted chiefly to grazing pursuant to Section 17124. (Enacted by Stats. 1967, Ch. 15.)
  193. 17124.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county board of supervisors may, by ordinance, declare all or part of the county to be chiefly devoted to grazing.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17124. The board of supervisors of any county may by ordinance declare that such county, or part of such county, is devoted chiefly to grazing. (Enacted by Stats. 1967, Ch. 15.)
  194. 17125.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section declares specific portions of Trinity County as not devoted chiefly to grazing.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17125. The following portions of Trinity County are declared not to be devoted chiefy to grazing: (a) All of Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, T. 31 N., R. 12 W.; Section 7 and the north 1/2 of Section 18, T. 31 N., R. 11 W., M.D.M. (b) Beginning at the section corner common to Sections 7 and 18, T. 33 N., R. 9 W. and Sections 12 and 13, T. 33 N., R. 10 W., thence west 20 chains; then north 20 chains; thence west 20 chains; thence north 50 chains; thence east 17.09 chains; then south 32° west, 5.41 chains; thence south 59° east, 13.12 chains; thence south 42° 30´ east, 4.80 chains; thence north 22° east, 5.41 chains; thence north 22° west, 4.90 chains; thence north 75° west, 3.40 chains; thence north 33° west, 2.45 chains; thence north 58° west, 4.47 chains; thence east 15.02 chains; thence south 10° west, 4.66 chains; thence south 22° east, 3.75 chains; thence north 12° east, 8.04 chains; thence east 2.00 chains; thence north 9.361/2 chains; thence north 14° 30´ east, 10.58 chains; thence north 20° 30´ west, 0.42 chains; thence east 17.59 chains; thence south 30.00 chains; thence east 20.00 chains; thence south 40.00 chains; thence west 10. 00 chains; thence south 20.00 chains; thence west 30.00 chains, to and closing on the starting corner. (c) Beginning at the northeast corner of the southwest quarter of Section 17; thence south along the east line of said quarter section and the east line of the northwest quarter of Section 20, to the southeast corner of said quarter section; thence west along the south line of said quarter section and the south line of the northeast quarter of Section 19 to the southwest corner of said quarter section; thence north along the west line of said quarter section and the west line of the southeast quarter of Section 18 to the northwest corner of said quarter section; and thence east along the north line of said quarter section and the north line of the southwest quarter of Section 17 to the northeast corner of said quarter section and the point of beginning; being the southwest quarter of Section 17, the southeast quarter of Section 18, the northeast quarter of Section 19, and the northwest quarter of Section 20, T. 33 N., R. 8 W., Mount Diablo base and meridian. (d) Highway U.S. 299 and all land within 500 feet of each side of the centerline of the highway. (e) All of Section 5, T. 33 N., R. 9 W., M.D.M. (Enacted by Stats. 1967, Ch. 15.)
  195. 17126.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section declares a described portion of Shasta County not to be devoted chiefly to grazing.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17126. The portion of Shasta County within the following metes and bounds is declared not to be devoted chiefly to grazing: Beginning at the intersection of the Reading Grant line and the northwest corner of the Anderson-Cottonwood Irrigation District, thence southerly along said Reading Grant line to the first intersection with the boundary of the dissolved Happy Valley Irrigation District; thence counterclockwise around the boundaries of said dissolved Happy Valley Irrigation District to the southeast corner of Section 20, T. 30 N., R. 4 W., M.D.B. and M.; thence directly east along section lines to the westerly boundary line of the Anderson-Cottonwood Irrigation District; thence counterclockwise around the boundaries of said district to Cottonwood Creek; thence down Cottonwood Creek to its confluence with the Sacramento River; thence counterclockwise along the most easterly and northerly boundary lines of said Anderson-Cottonwood Irrigation District, including a crossing of the Sacramento River, to the point of beginning. (Enacted by Stats. 1967, Ch. 15.)
  196. 17127.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The boards of supervisors of Shasta or Trinity County may adopt an ordinance allowing estray animals to be taken up on unenclosed property if they determine the county has ceased to be chiefly devoted to grazing.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17127. The board of supervisors of Shasta or Trinity County may, if it determines that all or any part of the county under its jurisdiction has ceased to be devoted chiefly to grazing, provide by ordinance that estray animals may thereafter be taken up on unenclosed property in the county or part of county under its jurisdiction. It is the intent and purpose of this section that the provisions of law which are generally applicable throughout the state shall be extended to all of the county when the conditions upon which the exceptions were based have ceased to exist. (Amended by Stats. 1974, Ch. 212.)
  197. 17128.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Older fence laws remain in force in Trinity, Shasta (except part of Section 17126), and Siskiyou, with special treatment for goats, swine, and hogs.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Estrays [17001 - 17128] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Grazing Counties [17121 - 17128] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 17128. The act entitled “An act concerning lawful fences, and animals, trespassing upon lawfully enclosed lands,” passed March 30, 1850 (Ch. 49, Stats. 1850), and an act entitled “An act concerning lawful fences in the Counties of San Bernardino, Colusa, Shasta, Tehama and Placer,” approved April 18, 1859 (Ch. 266, Stats. 1859), insofar as the provisions of each of the acts apply to or affect the Counties of Trinity, Shasta, except that portion described in Section 17126, and Siskiyou, are continued in force, except as to goats, swine, or hogs, which may be taken up in the counties when the goats, swine or hogs estray or trespass on lands of others. The provisions of this chapter apply to goats, swine, or hogs in such counties, but in all other respects the acts specified in this section are continued in full force therein, it being determined that the conditions prevailing in the Counties of Trinity, Shasta, except that portion described in Section 17126, and Siskiyou demand the continued application of the acts in the counties until such time as action is taken pursuant to Section 17124. (Enacted by Stats. 1967, Ch. 15.)
  198. 17150.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. )

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    The section says poorly designed or installed electrified fences have caused injuries and deaths, and states the Legislature’s intent to study, develop, and enforce safety standards for them.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. ) ## 17150. The Legislature finds and declares that improperly designed and installed electrified fences have caused injuries and in some instances have resulted in the deaths of persons, particularly children, coming into contact with the conductive elements thereof. In order to prevent further such accidents, it is the intent of the Legislature in enacting this chapter to provide for the study and development and enforcement of safety standards for electrified fences. (Amended by Stats. 1978, Ch. 83.)
  199. 17151.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. )

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    This section defines “electrified fence” and excludes electrified security fences described in Civil Code Section 835 from that definition.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. ) ## 17151. (a) As used in this chapter, “electrified fence” means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal control, and including, but not limited to, a fence consisting of a single strand of wire supported by posts or other fixtures, which has an electrical charge or is connected to a source of electrical current and which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock. (b) For purposes of this chapter, “electrified fence” does not include an electrified security fence as described in Section 835 of the Civil Code. (Amended by Stats. 2015, Ch. 273, Sec. 2. (SB 582) Effective January 1, 2016.)
  200. 17152.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. )

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    Electrified fences may not be offered for sale, sold, installed, used, or otherwise connected to electrical current unless they use a qualifying electrical controller.

    ## Food and Agricultural Code - FAC ## DIVISION 9. ANIMALS GENERALLY [16301 - 19700] ( Division 9 enacted by Stats. 1967, Ch. 15. ) ## PART 1. ANIMALS AT LARGE [16301 - 17153] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Electrified Fences [17150 - 17153] ( Chapter 8 added by Stats. 1976, Ch. 873. ) ## 17152. No electrified fences shall be offered for sale, sold, installed, or used in this state, or otherwise connected to a source of electrical current, unless the electrical current is limited and regulated by an electrical controller which meets or exceeds the standards or specifications of the National Electrical Code of the National Fire Protection Association, international standards of the International Electrotechnical Commission, or the Underwriters Laboratories for intermittent type electric fence or electrified fence controllers. (Amended by Stats. 2015, Ch. 273, Sec. 3. (SB 582) Effective January 1, 2016.)

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