Title FAC — California Food & Agric. Code

(a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits and ensure that an assessment is being properly paid.

Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. Any money in the fund which is derived pursuant to this article shall be expended solely to support p…

The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting material for pome and stone fruit, nut tree, olive tree, and grapevine production. The agreements shall provide…

The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due.

The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due date.

The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and advise him or her concerning the implementation of this article. (a) Membership on the board shall consist of 11 represen…

It is unlawful for any person to disseminate the seed of any pest within this state. (Enacted by Stats. 1967, Ch. 15.)

The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)

The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code: (a) Article 1 (commencing with Section 5701), Chapter 8, Part 1 of this division. (b) Article 2 (commencing with Section 5721), Chapter 8, Part 1 of th…

To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue certificates which state that the crop seed is free from the seed of any pest. (Enacted by Stats. 1967, Ch. 15.)

The commissioner may issue the certificate if all of the following requirements are complied with: (a) The applicant is the grower of any crop seed within this state. (b) The applicant notifies the commissioner who has jurisdiction where such crop seed is being grown of his inten…

The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner’s jurisdiction of such person’s intention to harvest crop seed not less than 10 days prior to the date of harvest, may cause a field inspection to be made of such…

It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)

Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they may be unless one of the following first has been done: (a) The seed screenings or cleanings have been inspected by the co…

The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing. (Enacted by Stats. 1967, Ch. 15.)

If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give notice in writing of such fact to the person in possession of the screenings or cleanings. The notice shall order that t…

If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice to the owner. He shall cause the screenings or cleanings to be processed or destroyed, as directed by the owner, pursuant…

If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person in possession of the screenings or cleanings, at his option, may do one of the following: (a) Cause the screenings or cl…

Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is not disposed of pursuant to this article, it is subject to seizure on complaint of the director or the commissioner to a …

The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance.

Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways: (a) Condemned and destroyed in the manner directed by the court. (b) Denatured or otherwise processed to render the seed of any pest incapable of reproduction. (c) …

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 disposal, or sale, under such terms and conditions as the court may prescribe, by the director or the commissioner, or by the sheriff or marshal.

If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost 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.

Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable seed cleaner which is being used for the first time in the county. (Enacted by Stats. 1967, Ch. 15.)

Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed of any pest, the commissioner may cause an inspection to be made of the cleaner of each permittee.

The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this division, or any regulations which are adopted pursuant to this division by the director relative to preventing the dissemination of the seed of…

When moved for the purpose of immediate slaughter, cattle which are infected with, or exposed to, the Boophilus annulatus tick shall be dipped or treated in the manner which is prescribed by the department, unless they are to be loaded directly on railroad cars at the point of or…

If upon examination of any cattle or sheep, the director finds any cattle which are infected with the Boophilus annulatus tick, or sheep or cattle which are infected with, or exposed to, scabies, he shall forthwith notify, in writing, the owner or person that is in control of the…

If, at the expiration of 10 days from the date on which notice was given, the owner or person in control of the cattle or sheep has failed to dip the cattle or sheep in accordance with the directions of the director, the director shall immediately take possession of the cattle or…

If upon examination at the end of the 10 days the director finds that the cattle have been dipped or otherwise treated for the extermination of ticks but are still infected, he shall instruct the owner or person in possession of the cattle to continue the dipping or treatment as …

If upon examination at any time the department finds that the cattle are again infected with the ticks or that the owner or person in control of the cattle has not continued to properly dip or otherwise treat the cattle as instructed, the director shall take possession of the cat…

If the director has reason to believe that the disease known as scabies exists in a flock of sheep or in a herd of cattle, he shall notify the owner or person that is in control of the sheep or cattle to gather all the sheep or cattle in a corral in order that the sheep or cattle…

If the owner or person that is in control of the sheep or cattle does not gather all of the sheep or cattle in a corral for the examination, the director shall gather the sheep or cattle in a corral for the examination. He may hire such necessary help as may be required to gather…

All expenses and costs of dipping or treating cattle or sheep and all expenses and costs of gathering sheep or cattle which are incurred by the department pursuant to this chapter are a lien on the cattle or sheep until the lien is paid or foreclosed by law. (Enacted by Stats. 19…

If the lien is not paid within 15 days after the expenses and costs were incurred, the department shall, in the name of the people of the State of California, commence an action to foreclose the lien. The action shall be commenced, tried, and determined in all respects as provide…

In any civil proceeding which arises under this chapter, all persons that have an interest in, or control or possession of, the cattle or sheep concerning which the proceeding is had, are liable severally and jointly. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to willfully sell, except for immediate slaughter, or expose in such a manner as may infect other livestock not so infected, any cattle which have or are infected with the Boophilus annulatus tick. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to knowingly sell any sheep or cattle which are infected with scabies, or to expose them in such a manner as may infect other sheep or cattle which are not infected with scabies. (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.)

“Accredited herd” means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department of Agriculture and the department. (Enacted by Stats. 1967, Ch. 15.)

“Approved veterinarian” means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin. (Enacted by Stats. 1967, Ch. 15.)

“Bovine animals” means cattle.

“State TB status” means an area so declared by the United States Department of Agriculture.

“Premises” means any place where cattle have been or are kept. (Enacted by Stats. 1967, Ch. 15.)

“Purebred animal” means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)

“Reactor” or “reacting bovine animal” means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination.

“Tuberculosis test” means the use of an official test for diagnosing tuberculosis in cattle.

“Tuberculosis control area” means an area which is established and delimited as such by proclamation of the department. (Enacted by Stats. 1967, Ch. 15.)

“Tuberculosis-exposed cattle” means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material.