Title FAC — California Food & Agric. Code

The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for review as soon as possible following the termination of the fiscal year. A copy of this statement will be made available to an…

If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by the director in a manner prescribed by the board proportionately to the amount paid by those persons that made such payments.

There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and who are subject to payment of the inspection tonnage tax in accordance with this chapter. The director may appoint one add…

It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation …

The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for three years, two members for two years, and one member of one year. Thereafter appointment shall be for full three-year terms. Vacancies shall be f…

Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the inspection and enforcement program, annual budget, necessary fees to pr…

The board shall elect a chairman, and from time to time such other officers as it may deem advisable.

The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The board shall meet at least once a year.

(a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of this chapter, the board may, on or before January 15 of any year, establish or designate one or more entities to administer…

The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the following: (a) The committee established pursuant to Section 14978.2. (b) Agricultural councils, commissions, and any entity established …

(a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons appointed by the board who shall be licensed under this chapter. The committee may, with the concurrence of the director, app…

Any entity established or designated pursuant to Section 14978 shall do all of the following: (a) Administer this chapter or any part thereof, and to do and perform all acts and exercise all powers deemed reasonably necessary. (b) Keep accurate books and records of its activities…

The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is determined by the director not to be in the public interest, or that is in violation of this chapter, and shall notify the enti…

Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to Section 14978 that would disclose proprietary information regarding any other person subject to this chapter, including feed …

Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or decision of the entity or entities established or designated pursuant to Section 14978.

(a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer this chapter. The regulations shall include, but not be limited to, contracts for analytical services with commercial labor…

(a) Except as otherwise provided in this chapter or by regulations of the secretary that declare that the statement required pursuant to this article is not applicable to certain products to carry out this chapter, every lot, parcel, or package of commercial feed distributed with…

The label shall contain a legible and plainly printed statement which certifies all of the following: (a) The net weight or volume of the contents of the lot or parcel unless accompanied by a certified certificate of weights and measures. (b) The product name, brand name, or trad…

Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the director.

A special mix shall not be resold unless relabeled.

If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with, the package which contains it, and the claim or guarantee is in addition to those required by law, he is responsible for maintaining the cl…

Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if the feeding location is of the same ownership as the feed manufacturing facility. The label information shall be provide…

The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the manufacture of the feed, so as to insure the safety of animals and the products of animals which are used for human consumpt…

The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture, transportation, importation, distribution, storage, or feeding of any commercial feed. They shall have access to any lot or pa…

A commercial feed is mislabeled in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It is not labeled as required by this chapter. (c) Any word, statement, or other information required pursuant to this chapter to appear on the label is …

A commercial feed is adulterated in the following cases: (a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are specified as being unsafe by the director by regulations. (b) If any valuable constituent has been in whole or in part omit…

The sale or distribution of any lot, parcel, or package of commercial feed deemed by the secretary to bear or contain a poisonous, deleterious, or nonnutritive substance in amounts that are specified as being unsafe by the secretary by regulation is a violation of this chapter.

(a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale. Persons who do not have a permanent place of business, but who otherwise manufacture, sell, or store feed shall also obt…

(a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. The minimum license fee shall be one hundred dollars ($100) for each location and the maximum license fee for each location shall not exceed six hundred dollars…

All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for renewal shall be accompanied by a fee in an amount specified by the department, pursuant to Section 15053, for each location operated.

If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the fee.

The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is a violation of this chapter.

(a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The di…

(a) The secretary may, based on a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected pursuant to Section 15061, or two hundred thousand dollars ($200,000), whichever amount is greater, to provide funding for research and education regardi…

Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation. If payment is delinquent, a penalty of 15 percent of the amount past due shall be charged. For payments more than 12 months delinq…

(a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that is adopted pursuant to this chapter. (b) A person against whom a licensing action is initiated may appeal to the secretar…

(a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an amount of not more than five thousand dollars ($5,000) for the first violation and not less than five thousand dollars ($5,…

(a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter. (b) The…

The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, upon the recommendation of the boa…

In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty.

It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the regulations which are adopted pursuant to it.

It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed.

The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the regulations adopted pursuant to it.

If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix to the lot or package of such feed a warning tag which states that the lot is so held.

(a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or moved except under the specific directions of the secretary pending final disposition pursuant to this chapter. This rest…

Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly analyzed within a reasonable period of time, as set by the director by regulation, after the seizure for the purpose of determin…

Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state laboratory to the person in control of the feed.

If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and remove the hold order or tag.

If the seized and held lot is found to be in violation, the director shall either: (a) Continue to hold the lot until such time as the requirements of this chapter have been complied with, at which time the lot shall be released. (b) Issue orders for the disposal of the lot in a …

The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation. Upon receipt of the appeal, the secretary shall perform an additional analysis of the …