Title FAC — California Food & Agric. Code

Brands for swine may be recorded pursuant to the same provisions and procedures as are made applicable to the recording of brands for cattle in Chapter 4 (commencing with Section 20601) of Division 10 of this code, except Section 20668. Such recording, however, is not mandatory. …

(a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount of funds, excluding interest earned thereon, contained in the trust fund shall be determined by the director, and shall b…

The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected.

Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the trust fund unless an entity is designated pursuant to subdivision (a) of Section 227 or Section 6005 or 45021.

The beneficiaries of the trust are the agricultural programs with money contained in the trust fund.

The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon termination of any of those agricultural programs, all of that program’s remaining funds, exclusive of all financial obl…

It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance…

The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund to be applied to program closures, unanticipated occurrences, and replenishment.

All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. A copy of the audit shall be deliver…

Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Gov…

The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs shall include, but are not limited to: attorney costs related to litigation; workers’ compensation costs; u…

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

The director may charge any bureau, division, board, or other agency of the department which is supported otherwise than by the appropriations from the General Fund its proportionate share of the administrative expense of the department, or a share in an amount which is computed …

Apportionment of the expenses shall be made and determined by the director, subject to the approval of the Director of Finance. The proportionate or computed share so charged shall not, however, exceed 5 percent of the collections which are made by the department for the bureau, …

Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current appropriation from the General Fund for the support of the department. The sum so remitted shall be available for expenditure for t…

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

“Fowl” includes chickens, turkeys, ducks, geese, and other domesticated birds. (Enacted by Stats. 1967, Ch. 15.)

“Growing poultry” means feeding and caring for poultry. (Enacted by Stats. 1967, Ch. 15.)

“Marked” means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or the name and address of the distributor in California for whom, the poultry meat was slaughtered, prepared, packed, or re…

“Mislabel” means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation. (Enacted by Stats. 1967, Ch. 15.)

“New York dressed fowl” means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl, with the head, feet, and entrails intact. (Enacted by Stats. 1967, Ch. 15.)

“Poultry” means domesticated fowl and domesticated rabbit which are intended for use for human food. (Enacted by Stats. 1967, Ch. 15.)

“Poultry meat” means the carcass of poultry or any part of such carcass. (Enacted by Stats. 1967, Ch. 15.)

“Poultry plant” means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or othe…

“Producer” means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry. (Enacted by Stats. 1967, Ch. 15.)

“Sanitary” means free from unnecessary dirt, filth, and contamination and free from any other substance or organism which is known to be injurious to human health. (Enacted by Stats. 1967, Ch. 15.)

The director shall adopt regulations for carrying out this chapter. (Enacted by Stats. 1967, Ch. 15.)

No regulation which requires alterations in poultry plants or changes in equipment shall be effective until six months after the date on which the director gives notice to the persons that are licensed pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)

The director shall furnish to each person that holds a license, or makes application for a license, a copy of the regulations which are adopted pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)

The director may bring an action to enjoin the violation or threatened violation of this chapter or any regulation which is adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur. (Enacted by Stats. 1967, Ch. 15.)

Any proceeding pursuant to Section 24684 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequat…

This chapter does not apply to a poultry plant which is operated under the sanitary regulations of the Consumer and Marketing Service of the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)

This chapter does not apply to poultry meat which bears the official mark of a city, county, or state poultry plant inspection service for sanitation outside of the state which has requirements equal to those which are provided for by this chapter if such out-of-state requirement…

(a) This chapter does not apply to a poultry plant where poultry which was produced on the premises is slaughtered if the poultry meat which is derived from the poultry is sold by the producer in any of the following ways: (1) At retail upon the premises. (2) At retail off of the…

This chapter does not apply to a poultry plant where poultry is slaughtered, dressed, and sold upon the premises where it was produced for purposes other than resale, if the entire poultry meat output of the producer is so sold. (Enacted by Stats. 1967, Ch. 15.)

A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)

Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall be in such form as the director may prescribe. (Enacted by Stats. 1967, Ch. 15.)

The application for a license shall be accompanied by the license application fee. (Enacted by Stats. 1967, Ch. 15.)

(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate. (b) The fee for a license application submitted upon change o…

(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. (b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is: (1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry…

If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant, pursuant to Section 19010, 19011, 19240, 19260, 19280, or 24741, the license fee that is the highest amount shall be p…

Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated.

Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date of the expiration of the license. (Enacted by Stats. 1967, Ch. 15.)

Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license.

Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or disapprove the plans and specifications within 30 days. (Enacted by Stats. 1967, Ch. 15.)

The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of, or failure to comply with, any provision of this chapter or any regulation which is adopted pursuant to it, or for any violation of, or failur…

Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter. (Enacted by Stats. 1967, Ch. …

(a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture Fund. (b) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be used for the enf…

A person shall not do any of the following: (a) Operate a poultry plant which is not sanitary. (b) Operate a poultry plant in a manner or under conditions which are not sanitary. (Enacted by Stats. 1967, Ch. 15.)

After each day’s operation, a poultry plant and its outer premises shall be promptly cleaned in the manner which is prescribed by the regulations. (Enacted by Stats. 1967, Ch. 15.)