Title FAC — California Food & Agric. Code

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.

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 …

The Legislature hereby finds and declares all of the following: (a) Broomrape is an invasive weed that presents a clear and present danger to California’s agricultural industry due to its harmful impact on crop yields and land values of commercial food crops, including, but not l…

There is hereby established in the department a Broomrape Program.

Unless the context requires otherwise, the following definitions govern the construction of this chapter: (a) “Board” means the Broomrape Board. (b) “Broomrape” or “Orobanche” means a small parasitic herbaceous plant. (c) (1) “Districts” consists of the following geographical are…

There is hereby established in the department a Broomrape Board.

(a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be comprised of persons recommended by the tomato industry and approved by the secretary. (b) The term of service and other boa…

Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the representation and furtherance is intended to serve the public interest and accordingly is tantamount to, and constitutes, the publ…

A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission …

The board shall recommend specific actions to the secretary, including, but not limited to, all of the following: (a) Conducting research related to broomrape. (b) Disseminating technical information and progress reports to stakeholders. (c) Surveying, detecting, analyzing, and t…

Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following: (a) Initiate appropriate action to implement the recommendation of the board. (b) Decline to initiate action on the recommendation of the board and provid…

The secretary may appoint a statewide coordinator to establish the board and enact any activities specified in this chapter.

The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities specified in this chapter.

The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the board.

(a) There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund. (b) The Broomrape Management Account may consist of funds made available from federal, industry, and other nonpublic fund sources. Money made available from federal, indus…

(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.

(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, …

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.

This chapter shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.

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…

Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Adverse event” means an event in which an animal is injured, sickened, rendered unconscious, or killed. (b) “Animal” includes, but is not limited to, any domesticated fo…

(a) A person shall not engage in the production of animal blood and blood component products for retail sale and distribution except in a captive closed-colony commercial blood bank for animals licensed by the secretary or in accordance with Article 7 (commencing with Section 492…

No person shall engage in the production of biologics except as permitted under federal law.

The secretary shall license establishments as captive closed-colony commercial blood banks for animals that meet all of the following: (a) Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of vet…

(a) (1) The department shall discontinue its licensing program for commercial blood banks for animals that produce canine blood and blood component products sourced from captive closed-colony dogs within 18 months of making a finding and provision of notice as follows: (A) Based …

An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank shall be made on forms issued by the secretary. The application shall contain all of the following: (a) The name and…

(a) A commercial blood bank for animals shall not discriminate against veterinarians licensed in California in the sale of animal blood or blood component products. (b) A commercial blood bank for animals, as described in subdivision (a), that refuses to sell animal blood or bloo…

The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank shall be as follows: (a) The application and annual license fee shall be one tho…

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.

The secretary may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter.

(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…

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.

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.

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.

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…