Title FAC, California Food & Agric. Code

As used in this article, “Reichert-Meissl number” means the number of milliliters of decinormal alkali which are required to neutralize the acidity of the distillate from five grams of fat treated in the manner specified in the regulations adopted by the director. Such regulation…

Milk fat or butterfat is the fat of milk. It shall have a Reichert-Meissl number not less than 24 and a specific gravity not less than 905/1000. In determining the specific gravity, milk fat at 40 degrees centigrade shall be compared with water at 40 degrees centigrade. (Amended …

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1978, Ch. 887.)

“Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes. (Added by Stats. 1978, Ch. 887.)

“Dehydration purposes” means the commercial dehydration of garlic and onions. (Added by Stats. 1978, Ch. 887.)

The director may establish, maintain, and enforce such quarantine regulations as he deems necessary to protect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. (Enacted by…

The director may make and enforce such regulations as he deems necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and proclaimed pu…

All quarantine regulations which involve another state, territory, district, or foreign country shall be made by the director. The regulations shall be approved and proclaimed by the Governor, or by the director as the Governor’s designee. (Amended by Stats. 1978, Ch. 584.)

The proclamation shall be signed in duplicate. The original shall be filed in the office of the Secretary of State and a copy in the office of the department before the regulation takes effect. (Enacted by Stats. 1967, Ch. 15.)

A quarantine shall not be established by one county, city, district, or other public agency, against another county, city, district, or public agency, on account of the existence of any pest, without the written consent of the director. (Enacted by Stats. 1967, Ch. 15.)

(a) It is unlawful for any person to refuse to comply with any quarantine regulation which is established by the director pursuant to this division. (b) It is unlawful for any person to possess, propagate, plant, process, sell, or take any other action with regard to a plant or t…

It is unlawful for any person, who is employed by any agency or institution that is supported or financed from public funds, willfully or knowingly to neglect or refuse to make a report to the commissioner of the county or to the director, or such person’s immediate superior for …

If there are any authorities or officers of the United States that are authorized to act with respect to any quarantine regulations that are established pursuant to this division, the director shall notify the authorities or officers and seek their cooperation as far as possible.…

Any violation of this chapter by any person, or an agent of any person, is an infraction, punishable by a fine of not more than one thousand dollars ($1,000) for the first offense. For a second or subsequent offense within three years of a prior conviction of a violation of this …

(a) In addition to any other penalties prescribed in this division, any person who violates this division or any regulation adopted pursuant to this division is liable civilly in an amount not exceeding ten thousand dollars ($10,000) for each violation. (b) Upon a complaint by th…

(a) In lieu of any civil action pursuant to Section 5310, except as provided in Article 5 (commencing with Section 5781) of Chapter 8, the secretary or the commissioner may levy a civil penalty against a person violating this division or any regulation adopted pursuant to this di…

After the exhaustion of the appeal and review procedures provided in Section 5311, the commissioner or his or her representative may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decisio…

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

“Advertisement” means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is on the label. (Enacted by Stats. 1967, Ch. 15.)

“Decorative plants” means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation. (En…

“Grade size” means the designation relating to nursery stock which denotes the height, spread, caliper, dimension, condition, quality, age, methods of propagation, or means of growth. (Enacted by Stats. 1967, Ch. 15.)

“Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery stock. (Enacted by Stats. 1967, Ch. 15.)

“Nursery stock” means all kinds of nursery stock except decorative plants and seeds. (Enacted by Stats. 1967, Ch. 15.)

“Ornamental” means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips. (Enacted by Stats. 1967, Ch. 15.)

“Botanical name” means the genus and species, the genus, species, and cultivar name, or the genus and cultivar name given to a plant in accordance with the International Code of Botanical Nomenclature and the International Code of Nomenclature of Cultivated Plants. (Added by Stat…

“Cultivar name” means the cultivated variety name given to a plant in accordance with the International Code of Nomenclature of Cultivated Plants, without regard to whether that plant is selected from a wild or cultivated population or produced through hybridization. (Added by St…

“Blend” means a combination of the same kinds of nursery stock. (Added by Stats. 1981, Ch. 622, Sec. 3.)

“Mixture” means a combination of two or more kinds of nursery stock. (Added by Stats. 1981, Ch. 622, Sec. 4.)

“Sod” means grassy surface soil nursery stock held together by matted roots of the grass. (Added by Stats. 1981, Ch. 622, Sec. 5.)

“Turf” means grassy surface soil nursery stock consisting of grass cultivars, mixtures or blends of grass cultivars, and dichondra for use in residential and commercial landscapes. (Added by Stats. 1981, Ch. 622, Sec. 6.)

Avocados produced in this state constitute one of the state’s principal tree fruit crops. The avocado industry in this state is expanding. The industry constitutes an important source of jobs for many people in the state, a high proportion of whom are from underprivileged and his…

Opportunity exists for continued growth and expansion of the industry, by creating new markets. The success of an expansion program is uniquely dependent upon effective advertising, promotion, and collection and dissemination of public information, since the creation of new marke…

The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will ensure that the California avocado industry can compete successfully in the marketplace and increase revenues to avocado pro…

The production and marketing of avocados produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and genera…

The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to avail themselves of the benefits of collective action in the broad fields of advertising; promotion; production, nutrition,…

No action taken by the commission, or by any person in accordance with this chapter or with rules or 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 Business and Professions Cod…

As used in this article: (a) “Judgment” means a final judgment of any court of competent jurisdiction in this or any other state, or of the United States, against a person as defendant upon a cause of action which arises out of any pest control operation. (b) “Operator” means any…

For the purposes of this article: (a) A judgment is satisfied when twenty-five thousand dollars ($25,000) has been credited upon any judgment in excess of that amount which arises out of any one accident or occurrence. (b) A deposit of bond or other obligation for the payment of …

The director shall suspend the license of any operator upon receiving a copy of a judgment and a certificate of facts relative to such judgment, upon a form that is provided by the director, which indicate that the operator has not for a period of 30 days satisfied a final judgme…

The suspension shall remain in effect and no license shall be issued to the operator unless and until the judgment is satisfied, or the operator submits to the director proof of his financial ability to respond in damages pursuant to the judgment. (Enacted by Stats. 1967, Ch. 15.…

Proof of such financial responsibility may be made by furnishing security in an amount not less than twenty-five thousand dollars ($25,000). The security may consist of any of the following: (a) A surety bond in favor of any person that may suffer damage by reason of any pest con…

If the security which is required by Section 11934 is diminished in amount by reason of any recovery against it, the security shall be replenished so that it amounts to not less than twenty-five thousand dollars ($25,000). (Enacted by Stats. 1967, Ch. 15.)

Upon the expiration of 30 days after any judgment becomes final, which is not stayed or satisfied in any action which results in a judgment for damages, the clerk of a court shall forward to the director a certified copy of the judgment or a certified copy of the register of acti…

Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from the suspension by filing with the director an affidavit which states all of following: (a) That at the time of the incident u…

The person that files the affidavit pursuant to Section 11938 shall also file the original policy of insurance or a certified copy of the policy, if available, and such other documents as the director may require to show that the loss, injury, or damage for which the judgment was…

If the director is satisfied from the papers which are filed pursuant to Sections 11938 and 11939 that the insurer was authorized to issue the policy of insurance in this state at the time of issuing the policy and that the insurer is liable to pay the judgment, at least to the e…