Title FAC — California Food & Agric. Code

This article does not apply to New York dressed fowl until November 1, 1967. (Enacted by Stats. 1967, Ch. 15.)

Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to do any of the following: (a) Violate any provision of this chapter or any regulation which is adopted pursuant to it. (b) Operate a poultry plant without a license. (c) Mislabel poultry meat. (Enacted by Stats. 1967, Ch. 15.)

Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required of a licensee or registrant under this code lapses or is canceled. If, however, the bond is canceled as a result of t…

Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code is forfeited by operation of law prior to its expiration date when one of the following events oc…

Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code upon any of t…

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

“Dealer” includes any person that is operating as a poultry retailer, poultry wholesaler, butcher, slaughterer, poultry packer, poultry buyer, or poultry commission merchant. (Enacted by Stats. 1967, Ch. 15.)

“Place of business” includes any place or building in which, or at which, the business of a poultry dealer is conducted. Any group of buildings used as an integral part of one business shall be considered as one place of business. (Enacted by Stats. 1967, Ch. 15.)

“Poultry” includes chickens, ducks, geese, turkeys, and all other fowls or birds which are used for food or production purposes. (Enacted by Stats. 1967, Ch. 15.)

This chapter only applies to the sale, purchase, or marketing of poultry in any county of this state and to the transportation of poultry in, through, or between any county or counties of this state. (Enacted by Stats. 1967, Ch. 15.)

Any person that offers poultry for shipment shall furnish a statement of ownership or right of possession of such poultry to the person, carrier, or transportation company which is to transport such shipment. The statement shall be kept as part of the record of the person, carrie…

Any person, carrier, or transportation company which receives for transportation or transports any poultry shall at all times keep a correct record which shows all of the following: (a) The point of origin and destination of any shipment of poultry. (b) The names and addresses of…

All peace officers, sheriffs or deputy sheriffs, members or officers of the California Highway Patrol and traffic officers may arrest, without warrant, any person that is found moving poultry in any manner which is not prescribed by this chapter, and may seize the poultry. (Enact…

The carrier from whom the poultry is seized pursuant to Section 26603 is not liable or responsible to the owner, shipper, or consignee for the seizure. (Enacted by Stats. 1967, Ch. 15.)

Any dealer or person that handles poultry for resale shall make and retain a record which shows all of the following: (a) The origin, ownership, and right of possession of the poultry. (b) The name and address of the seller or shipper of the poultry. (Enacted by Stats. 1967, Ch. …

It is unlawful for any person to brand, or to alter or deface the brand on, any poultry with intent to steal it or to prevent identification of the poultry by the true owner. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to have in his possession any poultry the brand on which has been altered or defaced unless he received it from the true owner of the poultry. (Enacted by Stats. 1967, Ch. 15.)

(a) (1) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall advertise, hold out, distribute, or sell as “fresh” any poultry or poultry meat whose internal temperature has been below 26 degrees Fahrenheit. (2) No person who process…

Any person that violates any provision of this chapter is guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not exceeding two hundred dollars ($200), or by imprisonment not exceeding six months in the county jail, or by both such fine and imprisonm…

The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license or other fee against any person required to take out a license or pay any fee pursuant to this code that fails, neglects, or refuses to take out such l…

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…

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

“Adulterated honey” means any honey to which has been added honeydew, glucose, dextrose, molasses, sugar, sugar sirup, invert sugar, or any other similar product except the nectar of floral exudations of plants gathered and stored in the comb by honeybees. (Enacted by Stats. 1967…

“Agent” includes broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another. (Enacted by Stats. 1967, Ch. 15.)

“Clean and sound containers” means containers which are virtually free from rust, stains, or leaks. (Enacted by Stats. 1967, Ch. 15.)

“Comb honey” means honey which is in the comb. (Enacted by Stats. 1967, Ch. 15.)

“Container” means any box, crate, chest, carton, barrel, keg, or other receptacle which contains honey. (Enacted by Stats. 1967, Ch. 15.)

“Crystallized honey” means honey which has assumed a solid form due to the crystallization of one or more of the natural sugars in it. (Enacted by Stats. 1967, Ch. 15.)

“Deceptive arrangement” or “deceptive display” means any lot, load, arrangement, or display of honey which has in any exposed surface, honey which is so superior in quality, appearance, or condition, or in any other respects, to any of the honey which is concealed or unexposed as…

“Deceptive pack” means any container or subcontainer of honey which has, in any exposed surface, honey or honeycomb, so superior in quality, appearance, condition, or in any other respect to the honey in the interior of the container or subcontainer, or the unexposed portion, as …

“Domestic honey” means comb or extracted honey produced within one of the states of the United States.

“Extracted honey” means honey which has been removed from the comb. (Enacted by Stats. 1967, Ch. 15.)

“Foreign material” means wax particles, insects, or other materials which were not deposited by bees. It does not, however, include decorative artificial leaves or blossoms. (Enacted by Stats. 1967, Ch. 15.)

(a) “Honey” means the natural sweet substance produced by honeybees from the nectar of plants or from secretions of living parts of plants or excretions of plant sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances…

“Honeybees” means honey-producing insects of the genus Apis mellifica. (Enacted by Stats. 1967, Ch. 15.)

“Honeydew” means the dextrorotatory saccharine exudation of plants or insects, except nectareous exudations, which is gathered and stored in the comb by honeybees. (Enacted by Stats. 1967, Ch. 15.)

“Imported honey” means comb or extracted honey imported from any territory or foreign county or honey which is repackaged into subcontainers as a blend with honey imported from one or more other countries.

“Mislabeled” means the placing or presence of any false or misleading statement, design, or device upon, or in connection with, any container or lot of honey, or upon the label, lining, or wrapper of any such container, or any placard used in connection with any container or lot …

“Pack,” or “packing” or “packed,” means the arrangement of all or a part of the subcontainers in any container. (Enacted by Stats. 1967, Ch. 15.)

“Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any honey as a description or identification of it. (Enacted by Stats. 1967, Ch. 15.)

“Section box” means the wood or other frame in which bees have built a small comb of honey. (Enacted by Stats. 1967, Ch. 15.)

“Slack-filled” means that the contents of any container occupy less than 85 percent of the volume of the closed container. (Enacted by Stats. 1967, Ch. 15.)

“Subcontainer” means any section box or other receptacle which is used within a container. (Enacted by Stats. 1967, Ch. 15.)

The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce this chapter. (Enacted by Stats. 1967, Ch. 15.)

The refusal of any officer who is authorized pursuant to this chapter to carry out the orders and directions of the director in the enforcement of this chapter is neglect of duty. (Enacted by Stats. 1967, Ch. 15.)

The director may do all of the following: (a) Prescribe by regulation methods of selecting samples of lots or containers of honey, which shall be reasonably calculated to produce by such sampling fair representations of the entire lots or containers sampled. (b) Establish by regu…

Any sample which is taken pursuant to this chapter is prima facie evidence of the true condition of the entire lot in the examination of which the sample was taken. The presumption established by this paragraph is a presumption affecting the burden of proof.