Title FAC, California Food & Agric. Code

(a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary. (b) The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board. (c) The assessment rate or schedule of rates may vary from d…

The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary. (Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursua…

(a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed. (b) Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the …

(a) Any funds received pursuant to this article shall be deposited and handled in a manner determined by the board and shall be expended for the purposes, administration, and enforcement of this chapter. (b) To the extent that revenue generated from Section 7430 is insufficient t…

Any costs incurred by the department in establishing, administering, and enforcing the provisions of this chapter shall be solely reimbursed by the assessment. These costs include, but are not limited to, startup costs incurred by the department before collecting the assessment, …

No person shall offer for sale or use any of the following: (a) Any biologic unless it is manufactured pursuant to the terms of a valid license or permit issued by the United States Department of Agriculture. (b) Any blood or blood component product unless it is produced in an es…

The secretary shall register blood or a blood component product that meets all of the following requirements: (a) It is produced under acceptable procedures. (b) It has been demonstrated to the secretary that the blood or blood component product is safe and noninjurious to animal…

(a) An application for registration of blood or a blood component product shall include all of the following: (1) The name and address of the person who owns the property, establishment, institution, or business that sells the blood. (2) The name and address of the person who ove…

The secretary may impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish the purposes of this chapter. (Amended by Stats. 2010, Ch. 235, Sec. 19. (AB 1709) Effective January 1, 2011. Became operative on Janu…

As used in this article, “nuisance” means the public nuisance which is specified in Section 12642. (Enacted by Stats. 1967, Ch. 15.)

Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible tolerance, together with its containers, is a public nuisance, and if not disposed of pursuant to Article 5 (commencing with Sect…

The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the nuisance. (Amended by Stats. 1967, Ch. 26.)

Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance shall be abated.…

If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the produce or containers which are a nuisance, under the terms and conditions as the court may prescribe, by the director, or by …

If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. (Enacted by Stats. 1967, Ch. 15.)

A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 10. (SB 71) Effective January 1, 2024.)

(a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in this state or elsewhere, that has been treated with, or grown on a site treated with, a pesticide that is not registered for…

(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a pesticide that was stolen or otherwise acquired by illegal means. (b) The owner …

Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses s…

The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the county in which the order was issued or the violation has occurred or is threatening to occur. The court may enjoin the vi…

The secretary may establish regulations and enforcement provisions for purposes of this chapter consistent with the intent expressed in this division and any action shall be liberally construed to effectuate the intent of this chapter. (Added by Stats. 2023, Ch. 651, Sec. 2. (AB …

The secretary may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter. (Amended by Stats. 2010, Ch. 235, Sec. 20. (AB 1709) Effective January 1, 2011. Became operative on January 1, 2013, pursuant to Sec. 28 of Ch. 235.)

(a) The secretary shall track, administer, and enforce the safe importation and sale of animal blood and blood component products from out-of-state blood banks for animals that produce those blood and blood component products in compliance with California standards. (b) Importati…

(a) A closed-colony blood bank licensed under this chapter shall maintain an onsite record of the number of donations collected from captive animals, the amount of blood collected per donation in estimated milliliters based on weight in grams, any adverse events, the disposition …

The department shall annually submit a copy of the canine blood collection information that it publicly posts on its internet website pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 9212.5 to the Chair and Vice Chair of the Assembly Business and Profes…

(a) The department, in collaboration with the Veterinary Medical Board, technical experts in animal blood banking, and any other relevant stakeholders, shall develop and make available a “Community Animal Blood Banking Guidance Resource” or other documents that provide veterinari…

It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by the director pursuant to this chapter. (Amended by Stats. 1983, Ch. 717, Sec. 12.)

The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the registered labeling of a pesticide applied to the produce has not been complied with. Except as provided in Section 12673, thi…

The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established by the director pursuant to this chapter. (Amended by Stats. 1983, Ch. 717, Sec. 13.)

It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to Section 12648, except in accordance with the decision of the director issued pursuant to Section 12648, unless the person …

This chapter shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Ch. 1.5, comprising Sections 740…

Upon the inoperative date of this chapter, any remaining funds received pursuant to this chapter shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amount…

License for any commercial blood bank for animals or registration of any blood or blood component product may be denied, suspended, or revoked by the secretary for failure to meet the requirements of this chapter or for the violation of any provision of this chapter, or of any ru…

The biologics prepared prior to July 1, 1975, in laboratories licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code, which have an expiration date of July 1, 1975, or later, are not subject to the provisions of this chapter. (Ad…

If the secretary finds that blood or blood component products do not conform to the requirements of Section 9242 or the use or continued use of such products constitutes an immediate danger to animals, the secretary may, after notice, suspend the registration of those blood or bl…

(a) If the secretary finds blood or blood component products that do not meet the requirements of Section 9242, the secretary may order those blood or blood component products to be held on the premises where found or elsewhere until he or she has determined that the products may…

The department, or humane officers under contract with the department, shall inspect commercial blood banks for animals licensed by the department at least once a year to ensure compliance with the protocols required by subdivision (e) of Section 9221. (Added by Stats. 2002, Ch. …

Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed pursuant to Section 4826 of the Business and Professions Code. (Amended by Stats. 2010, Ch. 235, Sec. 24. (AB 1709) …

The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9266 and 9267: (a) Shall not apply to those facilities required to be inspected by the United States Department of Agriculture in accordan…

(a) Except as provided in subdivision (b), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall apply to all records held by the department relating to this chapter, including, but not limited to, records relat…

This chapter shall not apply to any of the following: (a) Licensed facilities primarily engaged in the collection, preparation, testing, processing, storage, or distribution of human blood or blood products, and any biologic as defined in Section 9201 produced by that facility is…

The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for regulatory pesticide residue purposes if the director finds all of the following conditions: (a) That the department laboratories…

The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these programs. (Added by Stats. 1986, Ch. 782, Sec. 1.)

The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the following: (a) Does not meet, or no longer meets, the requirements stated in Section 12591. (b) Fails to perform in accordance…

Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action of the director. (Added by Stats. 1986, Ch. 782, Sec. 1.)

In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a laboratory of the department, an appeal analysis may be requested by letter, telegram, or other writing to the director.…