Title FAC, California Food & Agric. Code

“Fowl” means chickens, turkeys, ducks, geese, and other domesticated birds. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

“Poultry” means domesticated fowl and domesticated rabbit which is intended for use for human food. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

“Proceeds” means funds derived from the sale of eggs, poultry, fish, or other products derived from eggs, poultry, or fish payable to the lien debtor. “Proceeds” do not include any of the following: (a) Deductions for taxes, fees, and assessments. (b) Funds due or owing egg or po…

“Raising or maintaining of poultry or fish” means feeding, housing, caring for, and managing poultry or fish kept or raised for use or profit. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

“Reasonable or agreed charges” means the agreed price, if any, for the feed and materials sold to the lien debtor, at the lien debtor’s request. If there is no agreed price or a method for determining price which is agreed upon, “reasonable or agreed charges” means the reasonable…

The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 72 percent of all wine, foreign and domestic, consumed in this country. (b) Winegrapes are grown in virtually every county for processing b…

This chapter shall be known and may be cited as the Winegrape Pest and Disease Control District Law. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)

It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to respond to, manage, and control the effects of the spread of the phylloxera pest, and other pests that attack winegrape plants, and to coll…

Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the board of directors of a district. (b) “District” means a winegrape pest and disease control district organized pursuant to…

The production and distribution of wine and winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for its citizens. It also furnishes an important food which benefits the public health and welfare.…

The maintenance and expansion of the wine and winegrape industry of California and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous supply of these products and needed levels of income for those engaged in the wine and winegr…

It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine, winegrapes, and winegrape products. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

The production and marketing of wine, winegrapes, and winegrape products produced in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, saf…

No action taken by the commission nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter is a violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business an…

This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid p…

It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a particular agricultural industry, and that this representation and furtherance is intended to serve the public interest. According…

A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production and processing research. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

This chapter shall be known and may be cited as the Dills-Bronzan Winegrowers Joint Commission Act of 1986. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

Every license which is issued pursuant to this chapter, while in force, shall be kept conspicuously displayed in the place of business of the party to whom it has been issued. (Enacted by Stats. 1967, Ch. 15.)

A person who provides feed or materials to aid the raising or maintaining of poultry or fish or for the production of eggs has a lien upon the proceeds of the sale of the eggs, poultry, fish, or other products derived from eggs, poultry, or fish, for the reasonable or agreed char…

(a) The lien created pursuant to this chapter attaches to the proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the person …

The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to this article. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

Any person who provides feed or materials may, at any time, file in the manner and at the place set forth in this article, the notice of claim of lien. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien debtor. (c) The location of the property to which the feed and materials were delivered. (d) That the lien claimant has …

The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant to Section 9521 of the Commercial Code. The standard form shall be completed with the following changes: (a) The lien clai…

The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Section 9519 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 43.8. Effectiv…

The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the Secretary of State. (Added by Stats. 1990, Ch. 1502, Sec. 1.)

For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this article …

Proceedings for the formation of a district within any county shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or more of the growers who own 65 percent or more of the affected land. (b) Signed by 65 percent or more of the growers who own…

The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)

Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner that states that it is the intention of the petitioner to withdraw his or her signature from the petit…

(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient designation of the boundaries of a proposed district to recite that all the grape acreage in the county is to be included…

(a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of a register of owners of winegrape acreage within the proposed district, and for an investigation and report. (b) Th…

(a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days, after the filing of the petition with the board of supervisors. (c) The board of supervisors shall order the clerk of the…

The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the control of winegrape pests and diseases. (b) State the petition is available for inspection at the office of the clerk of the board of supervisors. (c) Desi…

Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)

The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)

At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest that pertains to the regularity or sufficiency of the proceedings shall …

At the hearing, any owner of winegrape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of that land or any part of that land from the proposed district upon a showing that the land or part of that land will not be …

If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present a new petition covering the same matter. A finding by the board of supervisors in favor of the sufficiency of the petiti…

(a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors shall, by order entered in its minutes, declare the district duly organized under the name designated in the petition for t…

(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape acreage that it finds will not be benefited by the proposed project, and it may include in the district any lands that it finds will be benefited if it also f…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter. (Added by Stats. 1986, Ch. 1286, Sec. 1.)

“Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the residue thereof, distilled at not over 170 degrees proof. (Added by Stats. 1986, Ch. 1286, Sec. 1.)