Title FAC — California Food & Agric. Code

It is unlawful for any person to mislabel any container or subcontainer of honey or place any false or misleading statement on any wrapper, label, or lining of any container of honey, or on any placard which is used in connection with or which has reference to any honey. (Enacted…

It is unlawful for any person to place or pack any honey in any container or subcontainer which bears any markings, or any designation of brand, quality, grade, or other matter, unless all of such markings which do not properly and accurately apply to the product placed or packed…

(a) It is unlawful for any person to move any honey, or any container of honey, to which any warning tag or notice has been affixed, except under written permit from an enforcing officer or under his or her specific direction. (b) A violation of this section is a misdemeanor puni…

(a) It is unlawful for any person to do either of the following: (1) Refuse to submit any container, subcontainer, load, or display of honey to the inspection of any enforcing officer. (2) Refuse to stop any vehicle which contains any honey, for the purpose of inspection by an en…

It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell, any of the following: (a) Adulterated honey, unless the container is conspicuously marked, in letters or type of like size and character, which clearly and plainly indicat…

(a) Unless otherwise specified, a violation of this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A conviction of a second or subsequent violation of this chapter within any 12-month period is a misdemeanor punishable by a fine of…

Any prosecution for the violation of any provision of this chapter may be made in any county where any part of the offense occurred. (Enacted by Stats. 1967, Ch. 15.)

Any evidence which is taken by any enforcing officer in any county may be admitted in evidence in any prosecution in any other county. (Enacted by Stats. 1967, Ch. 15.)

Any honey which is packed, stored, delivered for shipment, loaded, shipped, or being transported or sold in violation of any provision of this chapter, together with its containers, is a public nuisance. The honey shall be held by the person in whose possession it may be and shal…

The enforcement officer may affix a warning tag or notice to the honey and its containers which are a public nuisance. (Enacted by Stats. 1967, Ch. 15.)

If a packer or owner of honey, or the agent of either, after notification to the packer, owner, or agent that the honey and its containers are a public nuisance, refuses, or fails within a reasonable time, to recondition or remark the honey so as to comply with all requirements o…

If an agent is found in possession of any honey which is a public nuisance, notice of rejection or any order of the court concerning the honey may be served on such agent and need not be served on the packer or owner. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to fail to comply with the directions of any officer relating to the disposition of any honey which is a public nuisance, or with any order of court respecting it. (Enacted by Stats. 1967, Ch. 15.)

As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee. (Enacted by Stats. 1967, Ch. 15.)

Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment of any fee, assessment, or tax.

A refund may be made in whole or in part in any of the following instances: (a) The purpose for a fee cannot lawfully be accomplished for the person that paid the fee through no fault of such person. (b) A refund of a fee is requested by the payer before any examination or inspec…

The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment. (Enacted by Stats. 1967, Ch. 15.)

If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department, shall draw his warrant for the payment of the refund from the fund to which the money was credited. (Enacted by Stats. 19…

If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code, the director may retain the amount for use for the same purpose for which the original payment was made, unless demand f…

The director shall, and representatives of approved milk inspection services under his general supervision may, enforce this division. (Enacted by Stats. 1967, Ch. 15.)

The director may bring an action to enjoin any violation or threatened violation of any provision of this division, 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 this article 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 adequate…

Any money in the Department of Agriculture Fund which is derived under this division may be expended for the enforcement of any or all of the provisions of this division, notwithstanding any other provision of law, except Section 35252, which limits the expenditure of any such mo…

The director may do all of the following: (a) Enter and inspect any premises or conveyance where any provision of this division is applicable. (b) Take a sample of any milk, cream, product of milk or cream, or product resembling milk products. (c) Impound and hold for analysis or…

No prosecution which is based upon a sample of milk, cream, a product of milk or cream, or a product resembling milk products shall be had unless a duplicate of the sample is left with the accused. Samples which are taken in connection with the establishment of proof of fraudulen…

Samples of milk, milk products, and products resembling milk products to be tested for coliform bacteria shall be taken at the plant where packaged or from delivery vehicles owned or operated by the plant. Sampling procedures and laboratory methods for the determination of colifo…

(a) In addition to any other provision of law, the secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk or milk products, manufacture cheese, or manufacture raw milk cheese. The inspection procedures shall include sanitation insp…

If the director determines that any female dairy animal, including any goat, is carrying pesticide residues in its body or has been fed any feed which contains an amount of pesticide residues which will cause the milk produced from the animal to be adulterated with pesticide resi…

It is unlawful for any person to move any such animal except under written permission of the director and in accordance with the conditions stated in such written permission, or until the hold order has been revoked. (Enacted by Stats. 1967, Ch. 15.)

The director shall notify the owner or agent of any animal which is ordered held, or for which he has specified conditions for moving, pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)

The director may condemn any of the following: (a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome. (b) Milk or cream that is produced, handled, or kept in an insanitary place. (Enacted by Stats. 1967, Ch. 15.)

The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods and procedures for industry testing of raw milk from all bulk raw milk pickup tankers, prior to processing, for the prese…

The director may mark any condemned milk or cream for identification. (Enacted by Stats. 1967, Ch. 15.)

The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any substance to it which shall render the condemned milk or cream unsuitable for a use or purpose except human consumption. (Enact…

Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the producer, or shall be used in the manufacture of products other than products which are used for human consumption, or shall be destroyed. …

The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes: (a) Impure, unclean, unwholesome, or stale. (b) Produced or manufactured, handled, or kept in an insanitary place. (c) Adulterated or mislabled…

The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product.

No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner of the product, and a hearing before the director or an officer designated by him.

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.)

Any license or permit that is issued pursuant to this division, may be suspended or revoked by the director, after a hearing before the director if, within 30 days after written notice, the licensee or permittee fails to comply with the laws and regulations under which the licens…

Thirty days’ notice is not required before a license or permit may be suspended or revoked by the director where the premises or appurtenances of the licensee or permittee are in a manifestly insanitary condition nor in cases of manipulation by the licensee or permittee of pasteu…

The proceedings for the suspension or revocation of a license or permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers granted in such chapter. (Enacted by Stats.…

(a) In addition to any other penalty or fine prescribed by law, including, but not limited to, denial, suspension, or revocation of any license, permit or registration pursuant to Sections 236 and 32811, a dairy producer found to have produced milk in violation of the drug residu…

This division does not prohibit the addition of vitamins and minerals to market milk or the sale of market milk to which any vitamins and minerals have been added if such milk is labeled to show the addition of the vitamins and minerals. A statement of the method and manner of ad…

This division does not prohibit the freezing and holding in cold storage of market cream or concentrated market cream, its subsequent standardization with market milk or skim milk produced from market milk, and its sale as market cream if the standardized product otherwise confor…

This division does not prohibit the freezing and holding in cold storage of market goat milk and its subsequent sale as market milk if at the time of sale it meets all the standards and requirements which are specified in this division for market milk. (Enacted by Stats. 1967, Ch…

This division does not prohibit the sterilization of market goat milk by subjecting it to a temperature which is high enough to sterilize it, holding it in storage, and subsequently selling it as market milk if at the time of sale the market goat milk meets all standards and requ…