Title FAC, California Food & Agric. Code

It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of this chapter. (Added by Stats. 1971, Ch. 1009.)

It is unlawful for any person to mark any eggs which were not produced in this state “Produced in California” or represent them in any manner to be a product of this state. (Added by Stats. 1971, Ch. 1009.)

It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing with Section 27541). (Amended by Stats. 1990, Ch. 507, Sec. 13. Effective August 13, 1990.)

It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user is entitled to use the name, trademark, or trade name. (Added by Stats. 1971, Ch. 1009.)

It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese, or any species of fowl other than chickens, unless the containers and subcontainers of th…

It is unlawful for any person to sell as “fresh eggs,” “ranch eggs,” or “farm eggs,” or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days. (Added by Stats. 1971, Ch. 1009.)

It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, weight, condition, source, origin, or any other matter relating to eg…

It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter. (Added by Stats. 1971, Ch. 1009.)

It is unlawful for any person to do any of the following: (a) Refuse to submit any eggs or any container, subcontainer, lot, load, or display of eggs to the inspection of any enforcement officer. (b) Refuse to stop, at the request of any enforcement officer, any vehicle which is …

It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed or to remove the warning tag, hold card, or notice from the place where it may be affixed, except upon written permission, or upon the specific direc…

It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell unless the eggs and their containers conform to all of the requirements of this chapter or any regulation adopted pursuant to this chapt…

It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for human consumption unless they have been denatured and the containers are labeled in one-inch letters “Not for human consumption.” (Added by Stats. 1971, Ch. …

(a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with both of the following requirements: (1) At an…

(a) Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met: (1) The consumer con…

(a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless both of the following conditions are met: (1) The consumer container is conspicuously labeled “KE…

No person shall maintain or operate a diseased colony of bees, except pursuant to Section 29074. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall conceal or attempt to conceal the fact that disease exists within an apiary. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall sell any diseased bees, comb, hive, appliance, or colony. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall abandon any diseased apiary. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall expose to bees any comb or honey from a diseased colony of bees, except pursuant to Section 29074. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall extract or render any honey, pollen, or wax from comb except in a building or enclosure which is so constructed as to prevent access by bees. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

No person shall possess any comb which is not occupied by a live bee colony unless the comb is tightly enclosed to prevent access to the comb by bees. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

Any hive or appliance which contains any comb that is not occupied by a live bee colony and that is accessible to bees constitutes a public nuisance. The hive or appliance shall be subject to abatement in the same manner as is provided in Article 14 (commencing with Section 29200…

No person shall make honey available to bees by means of open air feeding. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

All beekeepers shall provide movable frames in the brood area of all hives which they use to contain bees, and shall make provisions so the bees in the hives shall construct combs in the frames in such a way that the combs may be removed from the hives for inspection without dama…

The inspector shall order the owner, broker, or person in charge of any bees that are kept in a box or other unmovable or stationary comb hive to transfer the bees to a movable frame hive within a reasonable time, to be specified in the order. In default of transfer by the owner,…

No person shall place, in any combless package of bees or queen bees offered for sale or shipment, any food which contains honey. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

A marketing order or major amendment to it, which directly affects handlers, that is issued pursuant to this chapter, shall not become effective unless and until the director finds one of the following has occurred: (a) It has been assented to in writing by not less than 65 perce…

Any marketing order or major amendment to it which directly affects processors that are engaged in the operation of canning of fresh fruits or vegetables or canning or packing of dried fruits shall not be made effective by the director unless and until the director finds one of t…

No marketing order or major amendment to it, which directly affects producers or producer marketing, that is issued pursuant to this chapter, shall be made effective by the director unless and until the director finds one or more of the following has occurred: (a) It has been ass…

If any marketing order or any major amendment to any marketing order is issued by the director for the approval of producers, handlers, or processors, the director shall determine whether the approval shall be by written assents or by referendum. (Amended by Stats. 1986, Ch. 677,…

If the director determines that it should be by referendum, the director shall establish a referendum period not to exceed 30 days. If the director determines that the referendum period so established does not provide sufficient time for the balloting, the director may extend the…

If from the tabulation the director finds that the number of producers that voted in the referendum and that the number of producers that voted in favor of the marketing order or amendment to the marketing order are sufficient for him to make the finding that producers that are d…

If the director finds from the tabulation of such referendum that the number of producers that voted in favor of such marketing order or amendment to the marketing order is not sufficient for him to make the finding that producers that are directly affected have approved the mark…

The director may prescribe such additional procedures as may be necessary to conduct the referendum. (Enacted by Stats. 1967, Ch. 15.)

In finding whether the marketing order or major amendment to it is assented to in writing or approved or favored by producers pursuant to the provisions of this chapter, the director shall consider the approval of any nonprofit agricultural cooperative marketing association, whic…

Any producer that sells a growing crop to be harvested and marketed by another person is entitled to assent to, or vote in a referendum, if both of the following requirements are complied with: (a) At the time of sale of such growing crop the producer retains the exclusive right …

(a) Between July 1 and December 31 of each year ending in the number three or eight, the secretary shall, by the public hearing procedure, and if appropriate, the referendum procedure, provided for in this article, determine whether the council program provided for in this chapte…

If the council program is submitted to a referendum, the secretary shall find that producers and handlers statewide have assented to the council program if the secretary finds both of the following: (a) Sixty-five percent or more of the total number of handlers voting approve the…

If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321, the council program may be resubmitted to a referendum as prescribed in this article within a period of no less than 60 days and no more than 180 days after the …

(a) If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321 or, if the council program is resubmitted, Section 64321.5, operation of the provisions of this chapter and of the council shall be suspended beginning on Jul…

A ballot filed with the secretary pursuant to this chapter is confidential and shall not be divulged unless necessary for the proper determination of a court proceeding or hearing before the secretary. (Added by Stats. 2019, Ch. 304, Sec. 118. (AB 590) Effective January 1, 2020.)…

It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the …

During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any retailer, consumer, or institution consumer, eggs which were produced upon the premises of the producers which are ungraded…

The director may establish a system for certifying colony strength for bees used in the pollination of agricultural crops. (Added by Stats. 1987, Ch. 1404, Sec. 2.)

The colony strength of a bee colony shall be certified after inspection on the basis of the number of active frames of bees per colony, as determined by either cluster count or frame count, or both, or another method approved by the secretary. (Amended by Stats. 2022, Ch. 683, Se…