Title FAC, California Food & Agric. Code

In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or identification services in relation to root or top stock of any fruit or nut trees, and fix reasonable fees to pay the costs neces…

In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment of the fees. The bond shall be satisfactory to the director. (Enacted by Stats. 1967, Ch. 15.)

If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as not to justify the cost of its collection or believes that its collection is improbable, he may remove the amount which is due from the records of the depart…

The classes as to color comprising the California standards shall conform to the United States color standards, using the readings on the Pfund honey scale. (Enacted by Stats. 1967, Ch. 15.)

The director shall adopt a dairy farm scorecard and a milk products plant scorecard for the official scoring of dairies and milk products plants. The director shall, either directly or indirectly through his authorized agents or those of an approved milk inspection service, do al…

The director shall do all of the following: (a) Collect, compile, and publish statistics relative to the dairy industry, oleomargarine, and products resembling milk products. (b) Disseminate the statistics and other information useful to the general good and development of the da…

The director shall provide blanks for reporting statistics on milk and milk products and on products resembling milk products. He shall, on or before the first of each month, cause to be mailed to each person that is engaged in operating any milk products plant, any plant in whic…

In addition to the monthly report, the director may require annual, semiannual, or quarterly reports of the same general character as the monthly report. (Enacted by Stats. 1967, Ch. 15.)

Guaranteed raw milk is market milk which conforms to all of the following minimum requirements: (a) The health of the cows and goats shall be determined at least once each month by an official representative of an approved milk inspection service, or a milk inspection service whi…

All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of su…

Guaranteed pasteurized milk shall conform to all the requirements for guaranteed raw milk, except that it shall contain not more than 3,000 bacteria per milliliter at the time of delivery to the consumer. (Enacted by Stats. 1967, Ch. 15.)

Sherbet is a food that complies with Section 135.140 of Title 21 of the Code of Federal Regulations. Sherbet shall contain not more than 75,000 bacteria per gram. (Amended by Stats. 2007, Ch. 339, Sec. 10. Effective January 1, 2008.)

Yogurt sherbet is a product that meets all the requirements and standards prescribed for sherbet, except as follows: (a) It shall have an acidity of not less than six-tenths of 1 percent calculated as lactic acid. (b) Bacteria standards which are specified for sherbet do not appl…

The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. (Added by Stats. 1989, Ch. 676, Sec. 12.)

The director shall inspect deliveries of tomatoes for processing purposes. (Amended by Stats. 1989, Ch. 676, Sec. 13.)

If the director finds that the tomatoes which are being delivered conform with the standards prescribed by regulations, the director shall issue a certificate to that effect. (Repealed and added by Stats. 1977, Ch. 783.)

If the director finds that the tomatoes delivered do not conform with the standards prescribed by regulations, the director shall issue a notice of rejection. (Repealed and added by Stats. 1977, Ch. 783.)

The director is not required to perform inspection at any place where adequate inspection facilities are not provided. (Repealed and added by Stats. 1977, Ch. 783.)

The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such defects as defined by regulations. The presumption established by this section is a presumption affecting the burden of pro…

The director may inspect and certify to any marketing order advisory board, handler, association, or financially interested person the analysis, classification, quality, or condition of any fruits, nuts, vegetables, or other agricultural commodities. The director may adopt necess…

The regulations may include reasonable fees which are to be charged for such services and for the acceptance of advance fees to effectuate such inspection. Any fees so established shall be based upon the approximate cost of the service to be rendered. (Enacted by Stats. 1967, Ch.…

Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying out this article. (Amended by Stats. 1983, Ch. 101, Sec. 55.)

The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is subject to this chapter at the time and place and to the extent as he or she may deem necessary to determine whether the agr…

For the purpose of carrying out the provisions of this chapter, any officer who is required to enforce this chapter may enter upon any public or private premises during regular business hours in order to have access to any seed which is subject to this chapter and the regulations…

(a) Any sample which is taken by an enforcement officer in accordance with the regulations which are adopted pursuant to this chapter for the taking of official samples is prima facie evidence of the true condition of the entire lot from which the sample was taken. The presumptio…

Ten or more producers of the variety or kind of commodity which is to be affected may file with the director a petition for the establishment of a proration zone and the institution of a marketing program. (Amended by Stats. 1967, Ch. 1186.)

The petition shall, among other things, contain or be accompanied by all of the following: (a) A description of the district which comprises the proration zone upon which the proposed marketing program is to be based. (b) A general statement of facts which sets forth the necessit…

Except as otherwise provided in Section 59654, if, after receiving a petition for the establishment of a proration zone and a proposed marketing program for it, the director determines that such proposed proration zone and proposed marketing program are consistent with the provis…

Prior to holding a public hearing upon a proposed proration zone and a proposed marketing program, the director: (a) May require the petitioners to file with the department a good and sufficient undertaking to cover the probable cost of conducting the hearing and instituting a ma…

In establishing the list of producers, the director may issue a notice to handlers which requires them to file with the director a certified report that shows all of the following: (a) The name and mailing address of the handler. (b) The quantities of the commodity that is to be …

The notice to handlers which requires them to file the lists shall be published by the director pursuant to Section 6062 of the Government Code in the capital of the state and in such other localities as the director may require, and shall be mailed to all handlers of the commodi…

In addition, the director may obtain lists of producers that are affected, whenever and in such manner as he may deem necessary or advisable for the purpose of checking, comparing, or correcting such lists. The director shall maintain a current list of producers which is based up…

Any producer that produces the commodity which is affected by any proposed or existing marketing program, whose name does not appear upon the director’s list of producers affected, may have his name established upon such list by filing with the director a signed statement which s…

Notice of the public hearing shall be mailed to a list of producers within the proposed zone at least 10 days prior to such hearing. The list of producers shall be established in accordance with the provisions of Sections 59646, 59647, 59648, and 59649. A notice of such public he…

At the public hearing, the director shall receive evidence offered by the petitioners in support of the proposed proration zone and the proposed marketing program and evidence from any interested person in support of, or in opposition to, them. All testimony at the hearings shall…

The hearings may be adjourned from time to time and from place to place as the circumstances may require. For the purpose of procuring additional evidence, facts, and data, petitioners or opponents shall, upon proper motion, be granted a continuation of any hearing by the directo…

All evidence and exhibits and all facts and data which are used directly or indirectly by the director, or introduced at a hearing shall, within a reasonable time after being used or introduced, be available at the office of the director to all interested parties. (Amended by Sta…

The director may decline to hold a public hearing upon a proposed proration zone and a proposed marketing program if he determines and is satisfied that a public hearing cannot be held within a reasonable time in advance of the harvesting of, or the beginning of the marketing sea…

Before issuing a marketing program for the written assent of producers, which contains provisions for correlating the supply of the commodity which is affected with market demands for it by means of restrictions upon the total quantity of the commodity, or restrictions upon the t…

In making the findings which are required by Section 59655, the director shall take into consideration all facts which are available to him with respect to all of the following economic factors. (a) The quantity of the commodity which is available for distribution. (b) The quanti…

Before issuing a marketing program for the written assent of producers, which contains provisions for the purpose of regulating the flow of the commodity, or any grade or size of it, to market without restricting the total quantity which may be marketed during the season, or whic…

In making any findings pursuant to Section 59657, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant facts which are available to him from official publications or institutions of r…

In addition to either of the applicable findings prescribed by Section 59655 or 59657, the director shall find that the proposed proration zone includes all of the area within this state which is reasonably necessary to carry out and attain the objectives of this chapter. (Enacte…

If, at a public hearing which includes a consideration of the establishment of the boundaries of a proration zone, it appears that the inclusion of territory additional to that which is described in the petition that is being heard is necessary to the proper administration or enf…

Each proration zone is a separate public corporate entity. (Enacted by Stats. 1967, Ch. 15.)

Market milk may be classified for the purposes of this chapter as provided in this article. (Repealed and added by Stats. 1977, Ch. 1192.)