Title FAC, California Food & Agric. Code

It is unlawful for any person to operate upon any highway in this state any vehicle which, in violation of Section 5344, was not stopped as required by that section, if the person who is operating such vehicle knows of such violation of Section 5344. The violation of this section…

(a) It is unlawful for any person to conceal any plant from any plant quarantine officer or to fail to present it or any quarantined article for inspection at the request of such officer. (b) It is unlawful to move into California any outdoor household article from a federally re…

Plant quarantine officers, and officers of the California Highway Patrol, are authorized to cite persons for any violation of this article. (Amended by Stats. 1983, Ch. 994, Sec. 3.)

(a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the vehicle from passing through a plant quarantine inspection station. (b) Notwithstanding Section 5309, a violation of this section is a misdemeanor.…

(a) The director shall establish a program for the inspection of conveyances entering California through airport and maritime facilities to prevent the introduction into, or the spread within, this state of pests. (b) The director shall maintain plant quarantine inspection statio…

(a) The director may establish a task force comprised of representatives of the following industries: (1) Air common carriers. (2) Port authorities. (3) Maritime common carriers. (4) Other industries that the director deems appropriate. (b) The goal of this task force shall be to…

(a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States Code, based on the schedule established pursuant to Section 5353, on each air carrier or foreign air carrier engaged in foreign air commerce, …

To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section 5353, for the use of marine terminal facilities for plant and animal pest inspection, quarantine, and eradication. The direct…

(a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a charge of eighty-five dollars ($85) to the director upon the initial landi…

(a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. (B) If the commissi…

The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease the activities or functions or to make corre…

Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Amended by Stats. 2002, Ch. 946, Sec. 27. Effective January 1, 20…

(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in the absence of a producer member from the same district, serve in place of the absent producer member on the commission an…

(a) There shall be one alternate handler member to be elected in the same manner as the handler members. (b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise…

(a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. (b) The alternate public member shall, in the absence of the public member, serve in place of the absent public member on the commission and shall h…

(a) Any vacancy on the commission occurring by 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 through death, removal, or resignation, shall …

(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial…

(a) Except as specified in subdivision (b), the term of office of all members and alternate members, except the ex officio member, shall be for two years from the date of their election or appointment and until their successors are qualified. (b) Of the first members of the commi…

The commission shall have the power to sue and be sued and to contract and be contracted with. Copies of its proceedings, records, and acts, when certified by an officer, are admissible in evidence in all courts of the state, and are prima facie evidence of the truth of all state…

The commission may appoint its own officers, including a chair, one or more vice chair, and other officers it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission. (Amended by Stats. 2025, Ch. 188, Sec. 9. (AB 1322) Effectiv…

The commission shall have the power to appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter. (Amended by Stats. 2002, Ch. 946, Sec. 35. Effective January 1, 2003.)

Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which th…

The secretary or the secretary’s representatives shall be notified and may attend each meeting of the commission. (Amended by Stats. 2025, Ch. 188, Sec. 10. (AB 1322) Effective January 1, 2026.)

A member, alternate member, or member of a committee who is a nonmember of the commission shall not receive a salary, but may receive a sum of not to exceed one hundred dollars ($100) per day, as established by the commission, for each day spent in actual attendance at or in trav…

All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such financial institutions as the commission may designate and shall be disbursed by order of the commission through a…

The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that ea…

(a) Every person who manufactures or distributes fertilizing materials shall, before engaging in the activity, obtain a license from the secretary for each plant and business location that the person operates. Before issuing a license, the secretary shall require verification tha…

A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollar…

The license shall expire on December 31, of an even-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars ($200) for each plant or business location which a person operates. If a license is not renewed within one calendar mont…

Every person engaged in the business of processing, packing, or preparing fresh or frozen horsemeat or any other meat product for use as pet food of any kind, shall first obtain a license pursuant to this chapter, except those persons licensed pursuant to Chapter 10 (commencing w…

The application for a license shall be in a form which is prescribed by the secretary and shall contain the following: (a) The name and address of the applicant. (b) Where each processing plant in which he intends to operate is located and to whom it belongs. (c) The experience t…

The secretary, after notice and hearing, shall refuse to issue a license unless he or she finds that the applicant satisfies all of the following: (a) Is qualified to operate a processing plant. (b) Is properly equipped to engage in the business of processing in a clean and sanit…

It is unlawful for any person to violate any provision of this chapter or any regulation which is adopted pursuant to it. (Enacted by Stats. 1967, Ch. 15.)

For any violation of this chapter a dairy farm with a market milk (grade A) permit shall be placed on restricted use or the milk or cream from it shall be excluded from the market. No such dairy farm, however, shall be placed on restricted use or the milk or cream from it exclude…

No notice for a subsequent violation of any provision of this chapter, for which a notice, as herein provided, has been issued is required if such subsequent violation occurs during the three-month period following issuance of the original notice. (Enacted by Stats. 1967, Ch. 15.…

Evaporated milk is a food that complies with Section 131.130 of Title 21 of the Code of Federal Regulations. (Repealed and added by Stats. 1994, Ch. 95, Sec. 26. Effective June 6, 1994.)

The secretary, for the purpose of inspection, may enter any place where garlic or onions for dehydration purposes may be found and take for inspection such representative samples as may be necessary to determine whether or not any uncertified lot or load of garlic or onions compl…

The secretary may cause the prosecution of any person violating any provision of this chapter, and may seize and hold a portion of any lot or load of garlic or onions for dehydration purposes involved in a violation, that may in the secretary’s judgment be necessary as evidence. …

The director may adopt regulations which may be necessary to carry into effect the purposes of this chapter and each section of it, and may issue in relation to this chapter explanatory data and charts. (Enacted by Stats. 1967, Ch. 15.)

The director by regulations may provide for grade sizes of the different kinds of nursery stock, and may provide that nursery stock shall be labeled with grade sizes which are established by such regulations. The director may make such other regulations as are necessary to carry …

(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled a…

Persons to be elected to the commission shall be selected pursuant to nomination and election procedures adopted by the commission and concurred in by the secretary. (Amended by Stats. 2025, Ch. 188, Sec. 12. (AB 1322) Effective January 1, 2026.)

(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different product, for specialty fertilizer, packaged agricultural mineral, beneficial substance, and organic input material s…

A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollar…

Each application for renewal shall be accompanied by a fee not to exceed four hundred dollars ($400) for each product label or one thousand dollars ($1,000) for each organic input material product label. If a registration is not renewed within one calendar month following expirat…

The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid before the issuance of any provisional registration. (Added by Stats. 2016, Ch. 448, Sec. 4. (AB 1811) Effective January 1,…