Title FAC, California Food & Agric. Code

Evaporated cream or clotted cream is cream from which a considerable portion of moisture has been evaporated. (Enacted by Stats. 1967, Ch. 15.)

By mutual agreement between the grower and the dehydrator, deliveries of garlic or onion for dehydration purposes may be weighed by a certified weighmaster and issued a valid weight certificate in the area of production. Cost of weighing and transportation involved in moving such…

The secretary shall inspect all sale or contract deliveries of garlic or onions for dehydration purposes, except garlic or onions grown and dehydrated by a common principal owner, and garlic or onions specifically exempted by regulation. The secretary, by regulation, shall exempt…

Upon inspection of each load or lot, the secretary shall issue a certificate that shows the weight or percentage of garlic or onions by defect in the sample that does not conform to the standards established pursuant to this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 7. Effe…

The secretary may adopt regulations concerning the place of inspection and location of inspection stations after notice and public hearing. In adopting regulations, the secretary shall consider all of the following: (a) The proximity to the area of production. (b) The distance to…

The secretary may review the operation of any inspection station that is not located at a dehydrator during a period beginning November 1st of any year and ending not less than 30 days before the date inspection began at that station in the preceding year and, if the secretary de…

If the operators of dehydrators do not consent to termination prior to the date that is set forth in Section 41754, the secretary may hold a hearing to consider the termination of inspection at that place. At the hearing testimony of the operators of dehydrators and growers that …

The secretary may announce to all of the parties of record who will be affected by the action that inspection is terminated for the ensuing season at an inspection station that is not located at a dehydrator if the secretary makes all of the following findings: (a) Termination of…

The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided. (Amended by Stats. 1998, Ch. 674, Sec. 12. Effective January 1, 1999.)

The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such defects in this chapter or in the regulations adopted pursuant to this chapter. The presumption established by this section…

The director or the commissioner may issue and enforce a written or printed warning tag or notice to the owner or custodian of any lot of nursery stock which he finds is in violation of any provision of this chapter, which shall prohibit movement of such nursery stock until such …

It is unlawful for any person to move or otherwise dispose of any lot of nursery stock which is held under a warning tag or notice except with the permission of the director or the commissioner and for the purpose specified. (Enacted by Stats. 1967, Ch. 15.)

The owner or custodian of nursery stock which is held under a warning tag or notice shall, upon demand, have the right of a hearing before the director or the commissioner as to the justification of any such order, and may appeal to the director from any order of the commissioner…

This article shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)

Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.)

The powers and duties of the commission include, but are not limited to, all of the following: (a) Adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary procedures to carry out this chapter and in the exercise of its powers and the performance o…

(a) To prevent unfair trade practices which are detrimental to California’s avocado industry, including, but not limited to, deception and misinformation, the commission shall collect and disseminate to any and all interested persons, handler f.o.b., market price information base…

In order to avoid excessive administrative charges which adversely impact avocado producers, handlers, and consumers, the commission may decide, not later than February 1 of any year, to exercise its authority prescribed in Chapter 9 (commencing with Section 44971) of Division 17…

(a) (1) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed purchasers, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales for all fertiliz…

Each licensee shall maintain in this state, or with the secretary’s permission, at another location, an accurate record of all transactions subject to assessment. These records shall be maintained for a period of not less than three years following the transaction and are subject…

(a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the secretary’s permission, at another location, all of the following information with respect to sales of ammonium nitrate: (1) The …

The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar month after March 31, June 30, September 30, and December 31 of each year, and that form shall be submitted on or before tho…

Every person engaged in the business of rendering shall obtain a license from the department for each rendering plant. (Amended by Stats. 1999, Ch. 329, Sec. 3. Effective January 1, 2000.)

Every person engaged in the business of operating a collection center shall obtain a license from the department for each collection center operated. (Added by Stats. 1999, Ch. 329, Sec. 4. Effective January 1, 2000.)

The application for a license shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the applicant. (b) Where each rendering plant or collection center which he intends to operate is located. (c) The experience the appl…

(a) The department may refuse to issue a license if the department finds that the applicant does not meet one or more of the following requirements: (1) The applicant is properly equipped to engage in the business of rendering or operating a collection center. For these purposes,…

In addition to any other records required to be kept pursuant to this chapter, every licensed renderer shall record and keep for 2 years, in connection with the receipt of kitchen grease which is not intended for human food, all of the following information: (a) The name, address…

All records required to be retained pursuant to this chapter shall be maintained for two years at the regular place of business of every renderer and collection center operator licensed pursuant to this article and every transporter registered pursuant to Article 6.5 (commencing …

Any peace officer of this state, or any employee of the department, during normal business hours, may inspect any premises maintained by a renderer or collection center operator licensed pursuant to this article or a transporter registered pursuant to Article 6.5 (commencing with…

(a) The department may suspend or revoke a renderer license or collection center license at any time, if it finds any of the following has occurred: (1) The licensee has sold or offered for sale to an unlicensed person, any inedible kitchen grease. (2) The licensee has stolen, mi…

(a) Any renderer or collection center operator licensed pursuant to this article or transporter registered pursuant to Article 6.5 (commencing with Section 19310) who fails in any respect to keep the written records required by this article, or to set out in that written record a…

Evaporated skimmed milk is a food that complies with Section 131.132 of Title 21 of the Code of Federal Regulations. (Repealed and added by Stats. 1994, Ch. 95, Sec. 28. Effective June 6, 1994.)

The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 13. Effective January 1, 1999.)

Each operator of a dehydrator that receives deliveries of garlic or onions for dehydration purposes is hereby designated as the authorized agent of the secretary to collect the inspection and certification fees that are chargeable to the dehydrator and to each grower that deliver…

The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower. (Added by Stats. 1978, Ch. 887.)

Any money that is collected pursuant to this article shall be remitted to the secretary weekly during the garlic and onions dehydration season for deposit into the Department of Food and Agriculture Fund to be used in carrying out the purposes of this chapter. (Amended by Stats. …

Except as provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the operators of dehydrators from whom it was received for distribution to the operators of dehydrators and growers from whom the money was origi…

If the secretary determines, as to any money collected as inspection and certification fees, that the return of the money with respect to any dehydration season is impracticable because of the smallness of the amounts returnable, or for any other reason, the money so collected sh…

Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or in a dying condition. (b) It shall not be seriously broken, frozen, or damaged. (c) It shall not be abnormally potbound. (Enacted by Stats. 1967…

Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective roots. (b) Broken grafts. (c) Other deformations and defects which would interfere with the normal and proper development of suc…

(a) The commission shall, not later than November 1 of each year, establish the assessment as a fixed rate or percentage of value for the following marketing season beginning November 1, and ending October 31. The assessment shall not exceed 612 percent of the gross dollar value …

This chapter does not apply to producers who produce avocados on a noncommercial basis for the producer’s home use or where the avocado trees are used only for ornamental purposes. Producers from whom assessments are collected may apply for the refund of assessment payments follo…

Handlers shall keep a complete and accurate record of all avocados shipped by him or her and the name of the producer whose avocados were shipped. The records shall be in simple form and contain such information as the commission shall prescribe. The records shall be preserved by…

All the proprietary information obtained by the commission or the secretary from handlers, including, but not limited to, the names and addresses of producers, is confidential and shall not be disclosed except when required by a court order in a judicial proceeding involving this…

All assessments shall be paid to the commission by the handler first handling avocados who shall be primarily and personally liable for the payment of the assessment. Failure of the handler to collect the assessment from any producer shall not exempt the handler from that primary…

The commission shall reimburse the secretary for all expenditures incurred by the secretary carrying out his or her duties and responsibilities under this chapter, except for the expenses incurred for any action under Section 67051.6. (Amended by Stats. 2002, Ch. 946, Sec. 53. Ef…