0 chapters · 8,515 sections in this title.
Food & Agric. Code § 79601 Section 79601
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The California beekeeping industry provides critical pollination services to growers of over 90 California agricultural crops that constitute one-third of our daily diet and 37.5 percent of California’s total agricultural production. Additionally, California beekeepers rank in th…
Food & Agric. Code § 79602 Section 79602
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The establishment of the commission is necessary for the efficient creation and management of a research program to protect the health of honeybees, an integrated approach to manage pests and diseases common to honeybees, and to develop more efficient colony management practices.…
Food & Agric. Code § 79603 Section 79603
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The provision of pollination services, production of honey, bees, queen bees, and other hive products in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting th…
Food & Agric. Code § 79604 Section 79604
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The commission form of administration created by this chapter is designed to provide those engaged in beekeeping the opportunity to avail themselves of the benefits of collective action in the broad field of apiary research necessary to achieve the purposes stated in this chapter…
Food & Agric. Code § 79605 Section 79605
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No action taken by the commission or by any individual commission member, that is in accordance with this chapter or with regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Busines…
Food & Agric. Code § 79606 Section 79606
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This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the inval…
Food & Agric. Code § 79611 Section 79611
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Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
Food & Agric. Code § 79612 Section 79612
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“Apiary” means the physical location where beekeepers place one or more colonies of honeybees. As an adjective, “apiary” means pertaining to any aspect of beekeeping or the beekeeping industry.
Food & Agric. Code § 79613 Section 79613
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“Beekeeper” means a person who keeps bees.
Food & Agric. Code § 79614 Section 79614
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“Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects. For purposes of this chapter, bees and honeybees are interchangeable terms.
Food & Agric. Code § 79615 Section 79615
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“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter.
Food & Agric. Code § 79616 Section 79616
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“Colony” means the queen, the adult worker and drone bees, and the brood (eggs, larvae, and pupae) living together in a single society.
Food & Agric. Code § 79617 Section 79617
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“Commission” means the California Apiary Research Commission.
Food & Agric. Code § 79618 Section 79618
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“Department” means the Department of Food and Agriculture.
Food & Agric. Code § 79619 Section 79619
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“Districts” consist of the following: (a) District 1 consists of the California Counties of El Dorado, Marin, Napa, Sacramento, Solano, Sonoma, and all counties north of these counties. (b) District 2 consists of the California Counties of Inyo, Kern, San Luis Obispo, and all cou…
Food & Agric. Code § 79620 Section 79620
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“Ex officio members” are nonvoting members of the commission.
Food & Agric. Code § 79621 Section 79621
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“Hive” means the structure containing a honeybee colony.
Food & Agric. Code § 79622 Section 79622
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“Hive products” means materials collected or generated by honeybees, other than bees and honey, including, but not limited to, beeswax, pollen, royal jelly, venom, and propolis.
Food & Agric. Code § 79623 Section 79623
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“Fiscal year” means the period beginning January 1 of any year and extending through the last day of December of that same year.
Food & Agric. Code § 79624 Section 79624
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“Out-of-state beekeeper” means a producer whose principal residence is in an area outside of California.
Food & Agric. Code § 79625 Section 79625
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“Pest” means American foulbrood or any other disease, parasite, virus or fungus, predator, or hereditary disorder that is detrimental to honeybees.
Food & Agric. Code § 79626 Section 79626
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“Pollination unit” means a colony of adequate strength to meet the criteria delineated in a pollination contract for use in commercial crop pollination.
Food & Agric. Code § 79627 Section 79627
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“Principal residence” means where the producer pays his or her state and local income tax.
Food & Agric. Code § 79628 Section 79628
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“Producer” means an individual beekeeper or business who owns or operates, or owns and operates, more than 50 colonies in California, with the intent to earn income.
Food & Agric. Code § 79629 Section 79629
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“Secretary” means the Secretary of Food and Agriculture.
Food & Agric. Code § 79631 Section 79631
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(a) There is in the state government the California Apiary Research Commission. The commission shall be composed of six assessment-paying producers and one public member. Producers without reference to districts shall elect one producer member with principal residence from each o…
Food & Agric. Code § 79632 Section 79632
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(a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary to be in violation of this chapter or not to be in the public interest. (b) If the commission refuses or fails to cease those activities or funct…
Food & Agric. Code § 79633 Section 79633
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The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction,…
Food & Agric. Code § 79634 Section 79634
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The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activit…
Food & Agric. Code § 79635 Section 79635
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Each producer member of the commission shall have an alternate member appointed or elected in the same manner as the member. An alternate member, in the absence of the member for which he or she is an alternate, shall serve in place of the member on the commission. An alternate m…
Food & Agric. Code § 79635.5 Section 79635.5
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The public member shall have an alternate member appointed in the same manner as the public member. The alternate public member, in the absence of the public member, shall serve in place of the public member. The alternate public member serving in place of the public member shall…
Food & Agric. Code § 79636 Section 79636
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Any vacancy on the commission, including, but not limited to, the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, or resig…
Food & Agric. Code § 79637 Section 79637
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A producer member, or his or her alternate, shall be an assessment-paying beekeeper who has a financial interest in producing, or causing to be produced, pollination units, bees, honey, or hive products for market. The producer member or his or her alternate shall be so qualified…
Food & Agric. Code § 79638 Section 79638
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The public member, or his or her alternate, shall have all the powers, rights, and privileges of any other member on the commission. The public member shall not have any financial interest in the beekeeping industry.
Food & Agric. Code § 79639 Section 79639
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The term of office of all members and alternates, except any ex officio member, shall be three years from the date of their election, but they may serve until their successors are elected.
Food & Agric. Code § 79640 Section 79640
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The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.
Food & Agric. Code § 79641 Section 79641
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A quorum of the commission is a majority of the producer members. Except as otherwise provided in this chapter, the vote of a majority of members present at a meeting at which there is a quorum shall constitute an act of the commission.
Food & Agric. Code § 79642 Section 79642
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The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However, the secretary is not entitled to attend an executive session of the commission called for the purpose of discussing po…
Food & Agric. Code § 79643 Section 79643
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No member of the commission or of any committee established by the commission, which may include nonmembers of the commission, shall receive a salary. Except for ex officio government members, the members may receive reasonable and necessary traveling expenses and meal allowances…
Food & Agric. Code § 79644 Section 79644
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If the secretary is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission within 15 working days from notification of the decision. The response may be a request that additional information be provided.
Food & Agric. Code § 79645 Section 79645
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All moneys received by any person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in banks designated by the commission and shall be disbursed by order of the commission through an agent or agents designated f…
Food & Agric. Code § 79646 Section 79646
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The state shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member, alternate member, or any ag…
Food & Agric. Code § 79651 Section 79651
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The powers and duties of the commission include, but are not limited to, all of those contained in this article.
Food & Agric. Code § 79652 Section 79652
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The commission may adopt, amend, and repeal bylaws, rules, regulations, orders, and operating procedures necessary to carry out this chapter, including regulations governing appeals from actions taken by the commission pursuant to any of its regulations or operating procedures. T…
Food & Agric. Code § 79653 Section 79653
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The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for, the proper or advisable effectuation of this chapter.
Food & Agric. Code § 79654 Section 79654
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The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have the powers and duties delegated to them by the commission.
Food & Agric. Code § 79655 Section 79655
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The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel, necessary to carry out this chapter. The commission may retain a management firm or the staff fr…
Food & Agric. Code § 79656 Section 79656
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The commission may fix the compensation for all employees of the commission.
Food & Agric. Code § 79657 Section 79657
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The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter.
Food & Agric. Code § 79658 Section 79658
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The commission may establish offices and incur expenses, enter into any and all contracts and agreements, including contracting in its name to receive or render services in formulating and conducting plans and programs, create liabilities, and borrow funds in advance of receipt o…