Title FAC — California Food & Agric. Code

The secretary may enter into agreements with the regulatory officials of other states or the United States Department of Agriculture to provide for the application of various pest risk mitigation measures to the shipments of plants or bee colonies at the place of origin. Shipment…

(a) Any certificate that has been altered, defaced, or improperly completed or changed is void. (b) It shall be unlawful for any person to do any of the following: (1) Alter, deface, or otherwise falsify or change, a certificate that is attached to any plant shipment or other thi…

Each shipment of plants which is brought into this state shall have legibly marked upon it in a conspicuous manner and place all of the following: (a) The name and address of the shipper or owner. (b) The name of the person to whom the shipment is forwarded or shipped or the name…

If, after inspection, any plant or thing is found to be infested or infected, the owner or bailee shall, at his expense, disinfect the conveyance or place where the plant or thing may have been located, in such manner as to destroy all infection or infestation present, or that is…

The officer who makes the inspection shall not permit any article to be removed which has come in contact with the infested or infected plant or thing, if such article might convey infection or infestation, until after the infection or infestation is destroyed, except for the pur…

The director may designate certain plants that are not for planting, propagation, or ornamental purposes within this state, which are arriving from certain areas, to be plants that may be released without inspection, if he finds, upon investigation, that such plants from such are…

This chapter shall be known as the “California Beef Council Law.” (Enacted by Stats. 1967, Ch. 15.)

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Beef” includes veal. (Enacted by Stats. 1967, Ch. 15.)

“Beef products” includes veal products. (Enacted by Stats. 1967, Ch. 15.)

“Council” means the California Beef Council. (Enacted by Stats. 1967, Ch. 15.)

“Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.

“Producer” means any person that is engaged in the business of raising, breeding, feeding, or growing cattle or calves for dairy production or for beef production. (Enacted by Stats. 1967, Ch. 15.)

It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the cattle industry…

The purposes of this chapter are as follows: (a) To enable the cattle industry, with the aid of the state, to develop, maintain, and expand the state, nationwide, and foreign markets for beef and beef products produced, processed, manufactured, sold, or distributed in this state,…

This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or invalid, such decision does not affect the remaining portion of this chapter but such unconstitutional or invalid provision is s…

Any violation of this chapter is a misdemeanor.

The director shall administer and enforce the provisions of this chapter, and may exercise any of the administrative powers which are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes …

Upon recommendations by the council the director may establish consistent with this chapter such regulations which cover the administration and enforcement of this chapter as may be necessary to carry out the purposes and attain the objectives of this chapter. (Enacted by Stats. …

Upon the issuance of any regulations that affect this chapter, a copy of the regulations shall be posted on the department’s Internet Web site. A copy of the regulations shall also be published in a newspaper of general circulation published in Sacramento, California, and in any …

The director may purchase general liability insurance for the council subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the council. The insurance policy shall name the director, in his or her offi…

There is in the state government the California Beef Council which consists of 20 members and 20 alternates, all of whom shall be citizens and residents of this state and producers, packers, or processors. The secretary shall appoint to the council six range cattlemen, six cattle…

Notwithstanding other provisions of this article, the director shall, with or without nominations, appoint one member and one alternate member to the council to represent the general public, in addition to the 20 members of the council otherwise provided for. Such persons shall n…

The terms of office of the members and alternates of the council shall be three years, except as provided in this section. The first appointments made under this chapter shall be so made that the terms of six members and their alternates shall expire at the end of one year, six m…

With or without recommendations or other nominations from the council or otherwise, during September and October of each year, the secretary may, if deemed appropriate or necessary by him or her, provide notice of, and hold, producer nomination meeting or meetings or may prepare …

Press releases or other notice of nomination procedures, when conducted by mail, shall indicate that nominations shall be mailed to the director at his office in Sacramento and that the director will consider all nominations received by mail, within the time designated by him. No…

A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers. (Enacted by Stats. 1967, Ch. 15.)

The council shall select annually from its number, to serve at its pleasure, a chairman and vice chairman who, together with five other members selected annually by the council, shall constitute the executive committee of the council. The executive committee shall have and exerci…

The council shall have two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between such meetings. The council may meet in special meetings…

The members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.

No member of the council shall receive compensation.

The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this state, in favor of the director, in such sum, and containing such terms and conditions, as the director may prescribe. Th…

No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities which arise out of the administration and enforcement of this chapter a…

An alternate member of the council shall sit as a regular member of the council if the member for whom he is an alternate fails for any reason to attend any meeting of the council. He shall be compensated and reimbursed in the same manner and to the same extent as a regular membe…

It is hereby declared, as a matter of legislative determination, that producers, packers, or processors appointed to the council pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representati…

It is unlawful to ship or transport any plant or any other thing into this state which is infested with any pest which has been listed, by the director, as detrimental to agriculture in this state. The director shall either establish and amend the list of pests by order, after no…

Except as otherwise provided in this article, if any shipment of plants or any other things in violation of this chapter or any quarantine which has been established, is brought into this state and it is found to be infested or infected, or there is reasonable cause to believe th…

If the nature of the pest is such that no detriment can be caused to agriculture in the state by the shipment of the plant or thing out of the state, the officer who makes the inspection may affix a warning tag or notice to the shipment. The officer shall notify the owner or bail…

If the plant or thing is not shipped out of the state within the time which is specified in the notice, the inspecting officer shall immediately after the expiration of the time seize the plant or thing and destroy it at the expense of the owner or bailee. (Enacted by Stats. 1967…

The duties of the council shall be advisory, except as to those duties which may be delegated to it by the director. The council may, subject to the approval of the director, exercise any of the following powers which may be delegated to the council by the director: (a) To recomm…

The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Such books, records, and accounts shall at all times be open to inspection and audit by the director. (Enacted by Stat…

A member, alternate agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal government as a representative of the council unless requested to do so by such committee. (b) Lobby in any manner as a rep…

None of the funds which are collected pursuant to this chapter shall be used for political contributions. (Enacted by Stats. 1967, Ch. 15.)

The council shall prepare annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. Such statements shall be made available to all producers and …

If the pest may be exterminated by treatment or processing which is prescribed by the director and it is determined by the inspecting officer that the nature of the pest is such that no damage can be caused to agriculture in this state through such treatment or processing or any …

If, after the treatment or processing, the inspecting officer determines that the pest has been exterminated, the shipment may be released. (Enacted by Stats. 1967, Ch. 15.)

The director shall conduct, or may cause the council to conduct, programs of education, research, or public information, which are designed to accomplish the following purposes, among others: (a) Increase the consumption of beef and beef products. (b) Gather, publicize, and disse…

No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state, nor shall any such program be conducted with refe…

The council shall not expend beef council funds for the advertising of brand name beef products, unless the expenditures are approved by a two-thirds vote of the council with the concurrence of the secretary. The council may expend beef council funds to conduct cost-sharing adver…

Whenever a petition is presented to the director which has been signed by 2,000, or more, of the total producers in the state, not more than six months prior to its presentation to the director, the director shall conduct a referendum among producers to ascertain whether they fav…